Our firm is at the vanguard of defense methods regarding DUI in Georgia. We are currently building a petition, by accruing various filed motions, to make it legally viable to request a material witness to testify regarding the internal source code of the Intoxilyzer 5000. The Intoxilyzer 5000 is the primary breath test machine used in Georgia. It, and many other State breath test machines, have been scrutinized over the years for their inaccuracies. Whether it’s mouth alcohol resulting from a burp, an insufficient sample, or improper calibration, many times breath test results can be fought because of the unreliable nature of breath test machines. Recently, a Florida attorney is working to further expose breath test machine deficiencies, this time regarding the Intoxilyzer 8000.

Attorney Eilam Isaak is claiming that the machine has a faulty sensor, and therefore gives inaccurate results. At issue is the sample volume. An Intoxilyzer 8000 requires 1.1 liters of breath volume to get an accurate result. When questioned regarding the 1.1 liters of breath volume required for accuracy, an expert responded that that amount was needed to have a reliable sample, “but not necessarily have a reliable test.” Hair-splitting aside, Isaak claims that the machines aren’t calibrated often enough, and for this reason, many machines provide results labeled as accurate that resulted from inadequate breath samples. The decision will be handed down in early November 2012. Regardless of the outcome of the decision, the more challenges brought as to the underlying validity of state breath test machines, the sooner their inherent flaws will be exposed and put to use in DUI defense. It’s an ongoing fight and we’re proud to take part.

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