Attorney Robert Malove explains how he has been able to successfully defend against a failed breath test by explaining the science behind the test.
- Breath tests obtained on the Intoxilyzer 8000 do not yeild the equivalent of having a direct measurement of the alcohol present in someone’s blood stream.
- The Intoxilyzer measures the alcohol that is in someone’s breath. Because the blood is not being measured, the best the Intoxilyzer can do is estimate BAC from a BrAC sample.
- It has been scientifically demonstrated that the Intoxilyzer can overestimate someone’s blood alcohol by 200%.
- The scientific laws that the Intoxilyzer relies upon are misapplied and subject to attack.
- The Intoxilyzer is a one-size-fits-all machine and does not take into consideration an individual’s unique physiological make up.