DWI: Challenging the Breath Test

The state of Minnesota and the State of Wisconsin currently require a person suspected of a DUI/DUI to submit to a blood, breath or urine test to determine the blood alcohol content of the subject. A refusal to submit to such a test may have more serious ramifications than a test result with a BAC over the legal limit.
The Intoxilyzer 5000 is the current breath-testing machine that is used. This is the machine that is used when a DWI/DUI suspect is taken to the police station and should not be confused with the preliminary breath test (PBT) that may be used at the scene of a DWI/DUI stop. The PBT is not admissible as evidence in Court whereas, the results of the Intoxilyzer 5000 may be critical to a prosecutor’s case.
The manufacturer of the “Intoxilyzer” is CMI, a Kentucky corporation. Though the Intoxilyzer has the potential to be accurate, it is not infallible. Breath testing in general is based upon the principle that there is a direct relationship between the amount of alcohol in a person’s deep lung air to amount of alcohol in the person’s blood in the aveolar tissue of the lungs. Breath testing equipment is […]

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