More on Breath Tests

Philip D. Cave

I’ve already commented on breath tests.

Are military breath tests reliable?
Is the Intoxilyzer 5000 racially and genetically biased?

Here is a new case and continuing discussion which potentially excludes evidence of the Intoxilyzer 5000, a device found to be used frequently at military bases. The issue is actually one of discovery.

Supreme Court Of Minnesota Throws Intoxilyzer 5000 In The Drunk Tank Based Upon Non-Production Of Source Code, Prof. Colin Miller, 3 June 2009.

I have written several previous posts about the problems associated with the Intoxilyzer brand of evidential breath alcohol-testing devices.

Conversely, the Intoxilyzer 5000 machine I mentioned in my February post is the sobriety test most widely used by police agencies throughout the United States. But now, according to the Supreme Court of Minnesota, the same problem that the Arizona judge found with the Intoxilyzer 8000 machine applies to the Intoxilyzer 5000 machine.

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