Should I call my lawyer before I blow?

 

As discussed elsewhere on this website, drivers who refuse a breathalyzer test at the police station (do not confuse this with a roadside portable breath test that may be offered and which you are free to and should refuse to take), face routine license suspensions.

 

Calling an attorney before you blow is not really an option. While you can probably ask the arresting officer, he/she will probably refuse your request. You will have to decide whether or not to blow based upon how much you have had to drink and of course your record.

 

Intoxilyzer® and other Breath Machines

 

The Intoxilyzer is about the size of a large electric typewriter. Usually kept at the police station, it can be brought into the field for checkpoints or in a mobile van. The Intoxilyzer - referred to by some as the Intoxi Liar - can also be highly inaccurate both because the machine is not operating properly and/or because the officer giving the test has not followed proper procedures.

 

There are a number of different Intoxilyzer machines used to test drivers' alcohol level. The machines are designed to test alcohol in a person's breath and calculate the alcohol in a person's blood. Most operate on the same principles and can be attacked in court for many of the same weaknesses.

 

Breath test machines are highly inaccurate methods for testing alcohol content. Hospitals and scientists do not rely on them. However, they are cheap. So the government usually relies on them instead of getting a more accurate, but more expensive, blood test..

• Intoxilyzer 5000 - Until recently, this was the most common machine in use.  It is now being replaced with the Intox 8000 in Kansas. The 5000 is more accurate than many machines in use, but it is still not very reliable. The 5000 must be meticulously maintained and used under ideal conditions. The results can be affected by radio frequency interference, computer error, and poor maintenance. The accuracy of the machine can also be affected by blood in the mouth, alcohol gas trapped by dental work, and many other factors.
• Intoxilyzer 8000 - A newer version of the 5000 that relies on dry gas instead of an external solution to test the machine.
• Datamaster - This machine is made by a different company than the 5000, but is susceptible to many of the same problems. It is not as widely used as the 5000, but can be just as damaging in court. A skilled DUI / DWI lawyer can usually challenge its results.
• Intoximeter® - Sometimes called the Dial-A-Drunk, it is susceptible to manipulation by the operator and is therefore very unreliable. This machine is rarely used today, but sometimes turns up in rural counties.

Errors in the BAC Testing Process

 

While the equipment and procedures used to measure blood alcohol content (BAC) have improved greatly in recent years, any given test may have fatal flaws that render its results invalid.

 

There are many ways to successfully fight the results of the blood or breath test:

• The breath testing machine may not be properly calibrated or in good working order.
• The operator of the machine may not be properly trained or may fail to follow the correct testing procedures. (There are literally hundreds of procedures that must be followed.)
• Blood test samples may not be properly stored or the results may not be correctly interpreted.
• Various physiological or biological factors may produce an erroneous result.

 

If you failed a breath test and have been charged with drunk driving, the Law Offices of Dennis P. Levin can help. You are entitled to challenge inaccurate and false-positive breathalyzer results. Contact us at 216.831.3939 or e-mail us at Levinlaw@gmail.com for a free initial consultation.