Intoxilyzer 8000

Charged Using an Intoxilyzer 8000? Our DUI Attorneys Can Help.

After law enforcement initiate a Kansas DUI investigation, they will request a breath test on the Intoxilyzer 8000 at the police station. They are now using the Intoxilyzer 9000 throughout much of Johnno County, KS. While results of the PBT are not admissible, the Intoxilyzer results are generally allowed at trial. Unless of course you DUI attorney can suppress these results. While there are several different Breathalyzers out there, Kansas law enforcement utilizes the Intoxilyzer 8000 to test breath for alcohol. The Intoxilyzer 8000 is manufactured by a corporation named CMI, Inc., out of Owensboro, Kentucky. The manufacturer claims that the machine can filter out various compounds that often get mistaken for alcohol. They also claim that the machine can detect "mouth alcohol", that is, alcohol that is trapped in the mouth but is not in the blood stream. These claims should be challenged by a DUI lawyer in court because scientific research has shown them to be flawed. The reliability of breath tests is often a problem. The Intoxilyzer 8000 is used in a majority of DUI cases, even though blood tests are the most accurate form of chemical testing for BAC.

Other things may effect an accurate reading, such as solvents or gases due to being a painter or other worker who deals with solvents and/or gases. A person who works around and breaths acetone and/or toluene can produce a positive reading on the Intoxilyzer 8000, even if they hadn't being drinking any alcohol. Additionally, the machine is unable to tell the difference between mouth alcohol and alcohol that is actually in your blood system Therefore, the Kansas Department of Health and Environment (KDHE) requires a 20 minute derivation and observation period prior to administering the Intoxilyzer 8000. This period is important and courts will not allow the results in if your DUI defense attorney correctly files the right motion or makes the correct timely objection. Furthermore, the Intoxilyzer 8000 can provide inaccurate readings due to radio or electrical interference. Variations in the voltage in the electrical lines or the use of mobile phones, radios, and police scanners around the machine can produce a false positive reading.

KDHE inspects the machine for accuracy once each year. After that, the custodian for the specific Intoxilyzer at the specific location is supposed to check the machine weekly, perform routine calibration checks, and keep the maintenance log records updated. This can become a litigated issues in a DUI case at both the criminal level as well as the administrative level. Not only is the machine supposed to be properly certified, but the law enforcement officer who administered the Intoxilyzer 8000 on you is supposed to be certified as well to run the Breathalyzer.

According to a very important Kansas Supreme Court case, in order to introduce the results of a breath test, the prosecution must lay foundation showing that the testing machine was operated according to the manufacturer's operational manual and any regulations set forth by the Department of Health and Environment. State v. Lieurance, 14 Kan.App. 2d 87, 91, 782 P.2d 1246 (1990). In other words, before a breath test can be admitted into evidence at trial, the prosecutor lay foundation, showing that the breath test operator (law enforcement officer) operated the machine according to the manufacturer's recommendations and the rules and regulations established by KDHE.

The operational manual, aka "manufacturer's recommendations," for the Intoxilyzer 8000 is supposed to be adhered to. However, most cops have never read nor seen this manual. Usually, they just follow their brief training provided via the KDHE protocol, which lays out their protocol, and their rules and regulations for the Breathalyzer.

As a DUI defense attorney, I refer to the manual used by KDHE to attack whether the machine was properly certified, whether the protocol was really followed, and whether the Intoxilyzer 8000 results can really be relied on. You will hear the term "protocol" used a lot in your DUI case.

As stated earlier, the protocol requires a 20 minute deprivation period. The officer then starts the machine, which does an internal calibration and checks for errors. Most officers have no idea what the breathalyzer it is actually doing though. The DUI subject is then required to blow into the Intoxilyzer 8000 an extended period of time, until a reading is recorded. Supposedly, the machine is designed to test only "alveolar air", which comes from deep lung air. That is why it supposedly requires a prolonged breathing and hard forced breath. If a subject doesn't blow hard enough, the machine will read "insufficient sample". This can then be interpreted as a breath test refusal. A KS DUI defense lawyer should carefully look over your Intoxilyzer 8000 result printout to see if there are any issues regarding whether the machine was working correctly.

The legal limit in Kansas is .08. Thus, if the BAC result was .08 or higher, within 3 hours of driving, you may be convicted of DUI. This is so even if you were capable of safely driving. Obviously, suppressing the breath test results is extremely important when defending drunk driving charges.

Contact our Kansas City DUI attorneys for the representation you deserve.