Advocates of the Intoxilyzer point out the machine will only absorb alcohol and nothing else. On the other hand, opponents of the breathalyzer say that the it often misreads other frequently found elements in human breath and incorrectly gives high readings stating that they are a result of alcohol.
Of particular importance here are the following facts. First, the Driving under the influence alcohol concentration law states someone is drunk when he has a.08 in his breath, although it does not say.08 by breathalyzer. This fact implies that no judge or jury is either expected or obliged to believe that an Intoxilyzer result of.08 or more is accurate or dependable.
Secondly, the manufacturer won’t allow for anybody outside law enforcement to test out the breathalyzer’s accuracy or dependability. It is commonly believed that for a process to be accepted as legitimate and reliable in science, it should be accessible to the scientific community for assessment. This is not the scenario with the Intoxilyzer.
Third, the manufacturer claims it won’t designate the Intoxilyzer to be intended for any distinct function, an implicit admission by them that its device is not actually guaranteed as exact and dependable for breath testing.
Fourth and final, the Intoxilyzer’s functioning structure is premised on the assumption that every person analyzed is exactly the average individual. All individuals are not exactly average! People come in various sizes, weights, ages, and range in muscle structure, lung capacity, alcohol tolerance, temperature, hematocrit levels (volume of solids in the blood) and breath/blood proportion (the amount of times an item is found in the blood v .. the amount of times the identical item appears in the breath). Automatic and unknown error can be illustrated by simply having the individual tested not be exactly average. In connection with this, it should be noted that Intoxilyzer assumes a blood/breath proportion of 2100/1 (2100 parts of alcohol in the blood for every one part of alcohol in the breath) for each individual tested. Here, it should be mentioned that a vast majority of individuals maintain a blood/breath ratio of 2100/1 or higher. Individuals with a blood/breath proportion greater than 2100/1 will not be prejudiced by Intoxilyzer’s assumption. Having said that, people with a decreased blood/breath proportion will be prejudiced due to the fact that the Intoxilyzer will incorrectly read too high an alcohol concentration result and can cause an individual who should test a.04,.05,.06, and so on. to in fact check out at.08,.11,.12, and so on. Of distinct significance here is the fact that scientists have recorded individuals with blood/breath proportions as small as 1100/1.
Moreover, because the Intoxilyzer is designed, serviced, and controlled by human beings, it is susceptible to human errors just like many other machines.
The above information effectively demonstrate that the Intoxilyzer, even if it is properly working and is being correctly handled, because the person being tested is not exactly average, can label an innocent man or women as guilty.
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