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The standard testing device for blood alcohol levels in Kentucky is the Intoxilyzer 5000. This machine is located at the jail, it is not the portable device officers keep in their patrol cars. The actual measurements taken with the the portable device (often called a breathalyzer or pbt) are not admissible as evidence in a trial. The results from the Intoxilyzer are admissible if they were properly obtained.
Prosecutors frequently praise the Intoxilyzer as a remarkable piece of equimpment that is infallible. On the other hand, experienced DUI attorneys can demonstrate and prove that the Intoxilyzer is not always as perfect as prosecutors would like you to believe. Think about it for a moment. The Intoxilyzer is really a computer which measures alchohol levels in a person's breath. This measurement is then used to determine from that breath sample how much alcohol is in a person's blood. How many times has the computer your using to read this crashed, froze up or otherwise malfunctioned? Computers aren't always perfect. In certain cases the Intoxilyzer can give false results due to a number of reasons. - Radio frequency interference (was the operator wearing a radio)
- Alchohol which is present in a a persons mouth at time of testing
- Medications a person has taken prior to testing
- Improper breath sample
- Improper calibration of the machine
- Insufficient servicing of the machine
- Improper training of the operator
- Failure to follow proper procedures by the operator
- Food particles in a persons mouth
- Failure by the operator to observe the accused for the proper time period prior to testing.
The attorneys at Dykeman and Rosenthal have the experience and willingness to look at your case and determine if any of these issues or numerous others may have caused you to be falsely accused. In additon to the above listed faults, even legitimate results may be suppressed (not used against you) if the officer did not follow proper procedures in making the stop or arrest. You need experienced DUI attorneys as counsel. |