When faced with a DWI (Driving While Intoxicated) charge in Louisiana, one of the key pieces of evidence that might be used against you is the result of a breath testing machine, such as the Intoxilyzer 9000. However, just how reliable is this machine? In this blog post, we will delve into some concerns surrounding the Intoxilyzer 9000 and discuss reasons you might consider refusing such a test.
Calibration Concerns
Like any machine, the Intoxilyzer 9000 needs to be precisely calibrated to ensure accurate results. If the device is not calibrated properly or frequently, it could produce false positives or exaggerated blood alcohol content (BAC) readings. Calibration is the responsibility of the law enforcement agency, but how often and thoroughly this is done can vary.
Varied Results
It's been noted that the Intoxilyzer 9000 can sometimes produce varied results for the same individual within a short time frame. A person could blow once and get a reading of 0.07, then blow again a minute later and get a reading of 0.09. With legal limits being so stringent, this variance could mean the difference between a DWI conviction and an acquittal.
Machine Interference
Electronic devices, radio signals, and even cell phones can interfere with the Intoxilyzer 9000. External interference can cause skewed results, which means that the environment in which the test is conducted becomes paramount. If the officer administers the test near other electronic devices, the results may not be trustworthy.
Not Always Reflective of Impairment
BAC is only one factor to consider when determining impairment. It's possible for someone to have a BAC below the legal limit but still be impaired, just as it's possible for someone to be above the limit and function normally. The Intoxilyzer 9000 does not measure impairment; it only provides a number, which might not reflect the true capabilities of the driver at that time.
Physical Factors Can Influence Results
Factors like body temperature, breathing patterns, and even dental work can influence the results of a breath test. For instance, if you have recently consumed alcohol, but it has not yet been absorbed into your system, it might linger in your mouth and lead to a higher BAC reading than is accurate for your current level of intoxication.
While the Intoxilyzer 9000 is an accepted tool by law enforcement agencies, it's far from infallible. If you're asked to submit to a test on this machine, it's within your rights to refuse. However, it's essential to note that refusing a breathalyzer test in Louisiana can result in penalties, including the suspension of your driver's license.
If you're facing a DWI charge or have concerns about a breathalyzer test you've taken, it's crucial to consult with a knowledgeable Louisiana criminal defense attorney. They can help guide you through the complexities of the law and ensure your rights are protected.