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Intoxilyzer 5000 Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Intoxilyzer 5000"

Infrared Spectroscopy and the Falsely High Breath Test (by DaytonDUI)

The Intoxilyzer 8000 operates using the scientific principle of infrared (IR) spectroscopy, which identifies molecules based on the way they absorb infrared (IR) light.  More specifically, when molecules in a breath sample are exposed to IR light the way they vibrate changes due to the bending of the (C-O, O-H, C-H, C-C) bonds.  Each type of bond absorbs light at a known wavelength, thus the amount of IR absorption identifies a substance as ethanol and how much ethanol is in the sample.But here’s the rub…  The machine can identify any compound containing a methyl group molecular structure as ethanol thereby...

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Ohio OVI Breath Testing – Bigger Is Better?

The Intoxilyzer 8000 breath testing machine adopted by Ohio in all 88 counties differs significantly from the Intoxilyzer 5000 machine that has been used for years.   Both machines operate using INFRARED ABSORPTION to analyze breath samples.  The sample (deep lung aveolar air) is blown into the sample chamber and then excited by an infrared light source.  The decrease in intensity of the IR light due to absorption by alcohol in the breath sample is proportional to the alcohol in the breath. The Intoxilyzer 8000 has a significantly smaller sample chamber (29.4 cc's vs. 84 cc's in the 5000) and...

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I Did Not Refuse!

If you were tested on an Intoxilyzer 5000 breath test machine, the source-code (software inside the machine) may have been rigged against you.  One of the most dramatic happenings in the science of a DUI has been the developments of the source-code battle taking place in Minnesota.  Ohio has recently rejected the Ohio-made BAC DataMaster in favor of the Intoxilyzer breath test machine (often referred to as the Intoxi-LIAR) so we can soon expect similar science-based battles in the Buckey State.Chuck Ramsay, a DWI attorney in Minnesota has been litigating the reliability of the Intoxilyzer 5000 for several years.  Recently...

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O.A.C. 3701-53-02, Approved Evidential Breath Testing Instruments

Image by frippy via FlickrOhio Administrative Code 3701-53-02(A) sets forth the approved instruments for evidential breath testing in Ohio.  It states, (A) The instruments listed in this paragraph are approved as evidential breath testing instruments for use in determining whether a person's breath contains a concentration of alcohol prohibited or defined by sections 4511.19 and/or 1547.11 of the Revised Code, or any other equivalent statute or local ordinance prescribing a defined or prohibited breath-alcohol concentration. The approved evidential breath testing instruments are:BAC DataMaster, BAC DataMaster K, BAC DataMaster cdm; Intoxilyzer model 5000 series 66, 68 and 68 EN; and Intoxilyzer model 8000 (OH-5).O.A.C....

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Breath Testing: A Synopsis of the Intoxilyzer 8000

The Intoxilyzer 8000 breath test machine uses the method of INFRARED ABSORPTION to analyze a breath sample.  Unlike the BAC DataMaster, the Intoxilyzer 8000 uses a pulsed Infrared light source.  The wavelength frequency is 3.4 and 9.4 microns for ethanol and other interfering substances.  The decrease in intensity of the infrared light due to absorption by alcohol in the breath sample is proportional to the amount of alcohol in the breath.  The sample chamber holds 29.4 cc's of deep lung air for the Intoxilyzer 8000's analysis.  The information most recently shared by the Ohio Department of Health indicates that the...

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Mastering Scientific Evidence in DUI

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Today, I am leaving for the 16th annual "Mastering Scientific Evidence in DUI/DWI Cases" which takes place in beautiful New Orleans, Louisiana.  This three-day seminar will cover topics such as GERD: How it causes false positive results; Disconnect Defenses; Source Code updates; Ignition Interlock devices and the Rising Alcohol Defense.  The seminar will culminate with a mock trial of a breath test case.  If you have any questions for me please call my 24-hour number at 937-776-2671 and I will get back to you. ...

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