05.14.09
The Intoxilyzer 5000, the Ford Pinto of Breath Testing
The Intox 5000
The official breath testing device used by the State of Georgia in DUI cases is the Intoxilyzer 5000, manufactured by CMI, Inc. Despite its fancy, futuristic name, it came into service in Georgia in 1995, and most jurisdictions are using the same tired machines they brought into service way back then. It is based on very outdated technology and uses a microprocessor developed way back in 1975! CMI and other manufacturers have developed newer generations of the device, such as the Intoxilyzer 8000, but Georgia has seen no reason to move into the 21st Century.
We don’t bring this up merely to make fun of an antiquated machine that looks like someone built it from parts from a RadioShack, but to make the point that drivers need to be mindful that they will be tested on outdated machinery if suspected of being DUI. Not only is the machine outdated, but Georgia law allows judges to instruct jurors that the results from this piece of junk are “accurate” so long as the officer knows how to operate the machine and it didn’t look to the officer that the machine was broken when he used it. Could you imagine asking your doctor about the accuracy of lab results and he responded “well, the machine didn’t look broken so it must be right!”
The law is definitely written to defend the machine as much as possible from attack. Of course, prosecutors and police officers swear it never makes a mistake. But if that is the case, why does the law allow results from the machine to vary as much as .02 grams per liter and still be considered accurate (see O.C.G.A. 40-6-392)? Said differently, in a borderline case of a .08 blood alcohol content, the State can get away with a 25% variation in test results and the judge may still call it “accurate.” If it’s such a good machine, why do you need a law that permits such a huge range of error? One does not have to be a DUI defense attorney to think a +/-25% permissible margin of error is ridiculous.
What does this all mean? As we’ve said over and over again, think twice before drinking and driving. The decision to charge you with DUI will result from a machine with technology far less sophisticated that your average digital wristwatch. Please don’t risk subjecting yourself to this nonsense!
K&B, llc
