One of the ways the state of Georgia can convict a person of driving under the influence is by proving that the driver had a 0.08 grams or more blood alcohol concentration (BAC) while driving or otherwise being in control of a vehicle.
In Georgia, the Intoxilyzer 5000 is the current breath-testing machine used to detect [...]
Filed under Intoxilyzer 5000 issues by on Mar 3rd, 2010. Comment.
I have written previously on this blog about on-going litigation between DUI lawyers in various states and the manufacturer of the Intoxilyzer 5000 and other alcohol breath sensor equipment. At issue is the source code of these machines, which DUI defense counsel is calibrated to measure an average sized man. The machines take no account [...]
Filed under Intoxilyzer 5000 issues by on Jan 28th, 2009. Comment.
San Diego DUI lawyer Rick Mueller reports on his California DUI Law Center blog about a Kentucky case involving a defendant’s request to inspect the source code for a DUI Intoxilyzer 5000. The defendant argued that the State should not be allowed to introduce evidence from the Intoxilyzer if the defense was not allowed to [...]
Filed under Intoxilyzer 5000 issues by on Feb 2nd, 2008. Comment.
Joshua Topolsky of the Engaget blog reports that the Minnesota Supreme Court will hear arguments about whether the State of Minnesota and/or the manufacturer of the Intoxilyzer 5000 machine must turn over the source code that operates the Intoxilyzer equipment. In discovery motions, the defense had demanded the source code but both the State of [...]
Filed under Intoxilyzer 5000 issues, Pre-trial actions by on Sep 5th, 2007.
Defense lawyers frequently argue that tests used by the police to measure blood alcohol levels in women are flawed because most of these tests are calibrated using a "average" sized male and because there is some scientifice evidence that women metabolize alcohol differently than men. Scientific studies in both Italy and in Cananda suggest [...]
Filed under Intoxilyzer 5000 issues, Trial issues by on Aug 18th, 2006. 7 Comments.
In a gesture of appreciation to his fellow criminal defense lawyers, noted Marietta DUI lawyer Guy Sharpe has published his Motion for Full Information on the Intoxilyzer 5000. Guy states that he frequently receives calls about this Motion and he has released it to the DUI defense community as a "thank you" to the [...]
Filed under Georgia Courts, Intoxilyzer 5000 issues, Pre-trial actions by on Jun 22nd, 2006. 3 Comments.
I have heard about breath tests and blood tests and about an intoxilyzer test. What is the difference in these various tests and what is an Intoxilyzer?
Georgia uses the Intoxilyzer 5000 manufactured by CMI, Inc. It purports to measure the amount of alcohol in your blood by testing your breath, which is a stretch, in [...]
Filed under Intoxilyzer 5000 issues by on Mar 3rd, 2006. Comment.