The problems surrounding the use of the Intoxilyzer 5000 are numerous. Nonetheless, there’s no shortage of people facing DUI convictions based on evidence these machines spit out.
Speaking of spitting, did you know that an experiment was done on a privately owned 5000 model in North Carolina? The owner swirled some bourbon around in his mouth and then spit it out. After not swallowing a drop, he blew into his Intoxilyzer 5000 which registered 0.25. This is more than 3x the legal limit for DUI Per Se in the State of Georgia.
The machine is supposed to screen out alcohol or alcohol residue in a person's mouth and register only the amount of ethanol in a person's breath, but how can infrared light tell the difference between ethanol from a person’s lungs vs. ethanol from a person’s mouth? The answer is, it can’t. To make matters worse, a mouth reading is always higher because dentures, partial bridges, foreign objects and even leftover food particles can trap alcohol.
Did you know that the machine is calibrated on the premise that everyone has the same body temperature? That’s right; thirty-four degrees Celsius (98.6 Fahrenheit) to be exact. Unfortunately, a good portion of the population does not have a body temperature of 98.6. Also, people’s body temperature changes, particularly when they are under stress. The higher a person's temperature, the higher the blood alcohol reading the Intoxilyzer 5000 is going to indicate.
The machine can come equipped with optional components. One of those options is a radio frequency interference filter. You see, radio signals from cell phones, CB radios and even nearby airports can alter Intoxilyzer 5000 readings.
Finally, the machine comes from the manufacturer with only a one-year warranty! That’s right, even the maker of the machine won’t stand behind it for longer than 12 months! What does that tell you about the manufacturer’s opinion of its own device?
If you, or someone you know, have been arrested for DUI you should consult with an experienced and knowledgeable attorney. Please visit my website www.carnellfirm.com or call me at 770-729-4809.