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The Intoxilyzer 5000 is a breath-testing machine used by officers to obtain an evidentiary test of someone’s Blood Alcohol Concentration (BAC) if that person has been detained for suspicion of Driving While Impaired (DWI). Unlike the Portable Breath Test (PBT) administered during roadside field sobriety testing, the BAC results of the Intoxilyzer 5000 are admissible in court and used by the prosecutor as evidence in a DWI case.
The Intoxilyzer 5000 uses ‘Infrared Spectrometry’ to compute an individual’s BAC. Infrared Spectrometry is based on the simple premise that all substances (including alcohol) have a unique molecular structure. All substances absorb various frequencies of infrared light energy in different in unique patterns. The Intoxilyzer 5000 uses alcohol’s unique pattern to determine an individual’s BAC when they give a breath sample.
The Testing Procedure
The officer will usually observe an individual for at least 15 to 20 minutes before administering the test to ensure he/she doesn’t ingest anything, belch or regurgitate. If any of these factors occur before testing, the Intoxilyer 5000 would most likely compute a reading from the individual’s stomach instead of their lungs. A reading from a person’s stomach could have a negative affect on the BAC reading, usually resulting in a higher than actual BAC result.
When the testing is about to begin, the officer inputs personal information about the individual and then will proceed to do a diagnostic check along with some blank “test” samples. If everything is working properly, the individual when then give at least two breath samples to the machine. The results of the test will then be printed out and the officer will know what you alleged BAC level is. If it is over 0.08, the officer will formally place you under arrest (if he hasn’t done so already).
Problems with the Intoxilyzer 5000
There are many factors that could result in an inaccurate BAC result from the Intoxilyer 5000. Some of these factors include:
Source Code
If you have been charged with Driving While Impaired and/or have talked with a DWI attorney you have probably heard the term ‘Source Code’. The Intoxilyzer 5000 is essentially a computer and the term ‘Source Code’ is used to describe how the machine uses science to compute and provide a number result depicting an individual’s BAC. An analysis of the ‘Source Code’ can further show whether the particular Intoxilyer 5000 machine used in your case is functioning properly. Any flaws or malfunction could result in an inaccurate BAC calculation and therefore may not be reliable evidence for the state to use against you in your DWI case.
In Minnesota, defendants and defense attorneys have requested court orders to inspect the Intoxilyzer 5000’s ‘Source Code’ to determine whether or not the machine provides an accurate BAC result. The State has denied these requests in the past claiming that trade secret laws protect the manufacturer of the Intoxilyzer 5000. The manufacturer has argued that if they release the ‘Source Code’ competitors would use the information to make their own breath testing machines. Defense attorney’s in many states, including Minnesota, argue that non-disclosure of the ‘Source Code’ violates a defendant’s rights.
The ‘Source Code’ issue is one of the most complex and quickly changing areas of DWI law today. It is vital that you contact an experienced DWI attorney to discuss whether the ‘Source Code’ issue could play an important legal role in your case.
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