Proponents of the Intoxilyzer say the device will only absorb alcohol and nothing else. On the other hand, opponents of the Intoxilyzer say that the it frequently misreads other commonly found substances in human breath and inaccurately delivers high readings saying that they are a result of alcohol.
Of particular importance here are the following points. First, the Driving under the influence alcohol concentration law says an individual is intoxicated when he has a.08 in his breath, although it does not say.08 by Intoxilyzer. This point means that no judge or jury is either expected or obliged to believe that an Intoxilyzer result of.08 or more is accurate or reliable.
Second, the manufacturer will not let anyone outside of law enforcement to check out the machine’s precision or reliability. It is commonly understood that for a technique to be accepted as legitimate and dependable in science, it must be accessible to the scientific community for assessment. This is not the scenario with theIntoxilyzer.
Third, the manufacturer states it won’t designate the Intoxilyzer to be fit for any unique function, an implied admission by the manufacturer that its device is not actually guaranteed as exact and trustworthy for breath assessment.
Fourth and final, the Intoxilyzer’s working design is built upon the presumption that each and every person tested is exactly the average person. All persons are not exactly average! Human beings come in varying sizes, weights, ages, and fluctuate in muscle development, lung capacity, alcohol tolerance, temperature, hematocrit level (quantity of solids in the bloodstream) as well as breath/blood ratio (the amount of instances an item presents itself in the blood vs. the number of times the exact same item appears in the breath). Automatic and hidden mistakes can be seen by just having the person tested not be exactly average. In connection with this, it should be mentioned that Intoxilyzer assumes a blood/breath ratio of 2100/1 (2100 parts alcohol in the bloodstream for every one part of alcohol in the breath) for every person tested. Here, it should be known that a greater part of persons maintain a blood/breath ratio of 2100/1 or more. Individuals with a blood/breath proportion larger than 2100/1 will not be prejudiced by Intoxilyzer’s assumption. Having said that, individuals with a decreased blood/breath proportion will be prejudiced because the Intoxilyzer will incorrectly read too high an alcohol concentration result and can lead to an individual who should test a.04,.05,.06, and so forth. to in fact test out at.08,.11,.12, and so forth. Of distinct significance here is the fact that scientists have recorded persons with blood/breath ratios as low as 1100/1.
Moreover, because the machine is constructed, serviced, and handled by humans, it is susceptible to human blunders just like all other devices.
The previously mentioned information effectively demonstrate that the Intoxilyzer, even if it is properly working and is being properly operated, because the person being tested is not exactly average, can label an innocent person as guilty.