I have previously written about on-going court challenges against CMI, the manufacturer of the Intoxilyzer breath test machine. DUI defense lawyers have long wanted to gain access to the Intoxilyzer source code in order to have it analyzed by independent programmers, biologists and phyicists.
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Defense lawyers frequently argue that tests used by the police to measure blood alcohol levels in women are flawed because most of these tests are calibrated using a "average" sized male and because there is some scientifice evidence that women metabolize alcohol differently than men.
More on DUI Laws Unfair to Women? – Detailed Scientific Proof
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In a gesture of appreciation to his fellow criminal defense lawyers, Guy Sharpe has published his Motion for Full Information on the Intoxilyzer 5000. Guy states that he frequently receives calls about this Motion and he has released it to the DUI defense community as a "thank you" to the many DUI and criminal defense lawyers throughout the State who have generously shared their expertise with him.
I have heard about breath tests and blood tests and about an intoxilyzer test. What is the difference in these various tests and what is an Intoxilyzer?
Georgia uses the Intoxilyzer 5000 manufactured by CMI, Inc. It purports to measure the amount of alcohol in your blood by testing your breath, which is a stretch, in my opinion. The best way to determine the amount of alcohol in your blood is with a blood test, not a breath test. By the way, would you prefer to have a breath test on a machine that the manufacturer does not warranty to be fit for the purpose for which it was intended? That's the kind of "no warranty" that comes with the machine. Always, ask for an independent test of your BLOOD, when given the opportunity. That will give the accurate reading of alcohol in your blood, not your breath.
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This is the first post for Guy Sharpe's Georgia DUI defense blog. Your questions and comments are welcomed.
–Guy
Yes, lawyers and clients frequently refer cases to us.
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