DWI Breath Testing: Republican Congressman set to challenge the reliability or the Intoxilyer 5000 breath machine by Plano DWI attorney Troy Burleson
by Collin County DWI lawyer Troy Burleson
The Intoxilyzer 5000, is the breath machine used by law enforcement officials in the state of Texas, as well as, other states across the nation. Many defense attorneys have challenged this machine for various reasons including, but not limited to, the age of the technology, the lack of scientific validation of the “source code”, the numerous assumptions that the machine makes in formulating its results, and the availability or alternative, more accurate, testing equipment.
Apparently, a Unites States Congressman is preparing to launch his own attack on the credibility of the Intoxilizer 5000. Rep. Vito Fossella, who was recently charged with DWI in Virginia, plans to fight the drunken-driving charges against him by taking on the breathalyzer machine. According to a recent report from Friday, his defense lawyer subpoenaed files from the Kentucky manufacturer of the Intoxilyzer 5000, which rated his blood-alcohol level as 0.17, more than twice Virginia's legal limit.
As stated in the news report, "The records are being subpoenaed from the custodian of records for CMI of Kentucky," an Alexandria court supervisor told The News. "It's [technical] information on the Intoxilyzer - documents reflecting any problems with troubleshooting, repair and diagnosis of any problems on it." Police agencies nationwide use the Intoxilyzer, but its results have often been questioned.
"There have been successful challenges to how the Intoxilyzer 5000 works," said Canadian ex-cop Jan Semenoff, an expert witness in U.S. cases who wrote a textbook about the machine.
Semenoff also said the devices have generally had "a fairly stable performance" over the years.
Virginia lawyer Scott Surovell said one of his clients was convicted last year but avoided jail because the Intoxilyzer evidence was tossed by a judge.
"Fossella has a chance of winning. This equipment is over a decade old," Surovell said.
All 220 of Virginia's aging Intoxilyzers will be replaced this year, said state crime lab director Peter Marone. "It's harder to get parts," Marone said. A Virginia state budget document last year was more blunt, calling the machines "dated, unstable and unreliable."
