At the beginning of 1995, Georgia police officers started training and using the Intoxilyzer 5000—a supposedly better method for testing alcohol on a person’s breath than the previous Intoximeter 3000. Though this machine was meant to be an upgrade, there are (to this day) still problems that surround its use.
To start, here’s an interesting factoid: repairing and regular maintenance to these machines can only be done by the manufacturers’ representatives. This means that police officers cannot test to see if the machine is working properly and cannot fix the machine themselves when there are issues. This can severely affect a person’s breath test results.
And while the manufacturer has installed a program in these machines to stop it from taking a test if it is not working properly, it is always in a person’s best interest to have a defense lawyer question the machine’s reliability. The manufacturer also does not accept liability for any damages that may arise from the machine’s failures and does not warranty this product.
Also, keep in mind that the state of Georgia wants police officers to use this type of chemical testing for two reasons: it’s cheap and fast. A police officer can usually administer the test right on the side of the road and in seconds the machine has your breath test results. However, you have the right to get a more accurate reading of your blood alcohol content by requesting a blood test.
Another obvious problem with the Intoxilyzer 5000 is that it was written by programmers who had to use assumptions on how the machine was going to operate. We all know that each individual has a different weight, metabolism and size. And these are all things that can affect how our bodies process alcohol. Therefore, how can one machine possibly know for sure how our bodies process alcohol?
The police officer who is administering the breath test must also follow guidelines set forth by the state. This officer should tell you that you have the right to other testing methods (urine and blood).
So before you think you don’t have a chance to win your DUI case just because you failed a breath test, think again! This machine probably doesn’t sound so intimidating now, does it?
