An Intoxilizer is the brand name of the “breathalyzer” machine used in most police departments. Although it has come under scrutiny recently, and Minneapolis DUI lawyers are challenging convictions based solely on breath results, you still may need a DUI lawyer if pulled over for suspicion of driving under the influence.

Operating a motor vehicle while under the influence of alcohol or drugs, even some prescription drugs, is a crime in every state. Drunk driving laws call the crime DUI (driving under the influence) in most states, and DWI (driving while intoxicated) in others.

The Intoxilizer is a breath analysis device, which shows the estimated blood alcohol content in the body based on the chemical analysis of a breath sample. And breath tests are central to DUI cases.

Problems with Intoxilizer Results

Breath analyzers do not directly measure blood alcohol content (BAC) or concentration, which requires the analysis of a blood sample. Instead, they estimate BAC indirectly by measuring the amount of alcohol in one’s breath. Two breathalyzer technologies are most prevalent: desktop analyzers and hand-held field testing devices.

The problems with breath analyzers are numerous.

• Breath testers can be very sensitive to temperature and may give false readings if not adjusted or recalibrated to account for ambient or surrounding air temperatures.
• Breathing patterns such as with hyperventilation or vigorous exercise can significantly affect breath test results.
• Some breath analysis machines that measure the cell volume of blood do not account for wide ranges in value for men vs. women. A person with lower blood volume may have a high false BAC reading.
• Research indicates that breath tests can vary at least 15% from actual blood alcohol concentration.

Challenges to Breathalyzer Use in DUI Cases

The most frequent challenges to breathalyzer evidence is whether or not the testing device was working properly at the time of the test. Breathalyzers require regular calibration and maintenance to ensure that they deliver results accurately. An improperly calibrated or poorly maintained machine will produce unreliable results which then cannot be the sole evidence for a DUI arrest.

If a defendant can show that the police department did not follow proper calibration procedures, or that the device in question consistently provided wrong readings, then a court will likely declare the results of the breathalyzer test inadmissible as evidence of the defendant’s intoxication. At that point, the responsibility will shift back to the government to prove the defendant’s intoxication through some other type of evidence.

It Pays to Question DUI “Evidence”

DUI charges come with severe penalties in Minnesota. In addition to lengthy license revocations, penalties range from misdemeanor fines to a felony conviction and jail time. If your driver’s license is revoked in Minnesota, you’re required to pay a $690 reinstatement fee. This is in addition to a DUI knowledge test, driver’s license application and fees and a chemical assessment.

The use of the Intoxilyzer machine is under nationwide attack*. In Minnesota, there are thousands of test results being challenged by competent DUI lawyers. If you believe that your Intoxilyzer results were flawed then speak with a qualified DUI attorney who can help defend your rights.