by | last updated on December 27, 2017

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.