DUI BREATH TESTS IN ARIZONA

Intoxilyzers in DUI cases

This device uses infrared spectroscopy.  It identifies molecules based on the way they absorb infrared light. In simple terms, as a person's breath enters the machine, infrared light is shined through the sample and a sensor at the other end calculates how much of what spectrum of the light reaches the other side, and how much is blocked by the chemicals that are in the breath.  By doing this it calculates how much of the chemical makeup of the breath is ethyl alcohol.  It should be noted that other common chemicals can block the same spec

Throughout Arizona, the DUI breath testing machine used most is the Intoxilyzer series of machines.  The newest and most widely used machines are the Intoxilyzer 8000 machines, although some of the older Intoxilyzer 5000 machines are still in use by Arizona law enforcement agencies for the prosecution of DUI cases.  In a DUI trial, the prosecuting attorney will claim that these machines are both reliable and that they provide accurate readings of BAC levels (within a 10% margin of error or less).  Ask any experienced DUI attorney in the State of Arizona or any expert in these machines (that does not work for the prosecutor) and you will find that these claims are plainly false. These machines are rarely ever accurate to within 10%.

Further, it has been shown time and time again, throughout the court houses of Arizona that these machines are full of flaws that can affect theier reliability and accuracy, many of these machines have even had to be returned to the manufacturer and rebuilt because they were performing so badly.  They have been shown to be subject to RFI (radio frequency interference) which can effect the legitimacy of the results.  Other factors such as the persons temperature, biology, and errors in operating the machine lead to often inaccurate and unreliable results.

An experieced DUI lawyer will fight to exploit these problems and weaknesses in the machine and its operation.  Mr. Borrelli will fight the results ofany intoxilyzer test and whenever necessary employ the testimony of expert witnesses to challenge the validity and accuracy of the results, and fight to prove his client's innocence.