Breath Tests


Defending Against a Breath Test

To blow or not to blow. That is the question. The answer used to be a simple “NO!” But that was back when blood draws were unheard of, so it was better for the government to have no scientific evidence than a breath test result. Today the government backs DWI suspects into a corner. The choices are to give a breath test or the police officer will get a search warrant and take the suspect’s blood. Many people choose the breath test.

Years ago the police used an Intoxilyzer 4011AS-A to analyze a suspect’s breath. Then they used an “improved” Intoxilyzer 5000. Then the Intoxilyzer 5000EN. Today they use the latest and greatest Intoxilyzer 9000.

Except that the Intoxilyzer 9000 is just the “latest and greatest” fraud upon science. It isn’t even specific to ethanol—the alcohol people drink. It simply spits out a number associated with the concentration of any number of organic substances, only one of which is ethanol. Moreover, the company that produces Intoxilyzer devices (CMI, Inc.) steadfastly refuses to release documents outlining its processes and supporting its scientific basis because of copyright concerns. Although used for human testing for decades, CMI does not even warrant the machine for this purpose.

Attorneys experienced in DWI cases know these arguments and more. A good attorney can challenge even a high breath test result. The lawyers at Shellist Peebles McAlister LLP have almost 60 years of collective experience in the law and science regarding DWI breath testing. Don’t just hire any lawyer. Hire one that knows the game and will play professionally for you. Contact Shellist Peebles McAlister LLP immediately.