Can You Briefly Explain Blood Testing And Evidential Breathalyzer?
An Intoxilyzer 8000 is a gas chromatograph machine. It basically works as an intake tube that is supposed to be heated and it is to prevent condensation. The person blows after they have been observed for twenty minutes; the depravation period has been observed to make sure there is no residual amount of alcohol that is going to be picked up by the test. The person blows into a tube that air will be processed through the machine. It essentially goes down a tube in which electrons are shot across and any alcohol that is in the person’s breath will block the number of electrons coming across the tube. So the machine is supposed to know exactly how many electrons are shot across the tube and how many are recovered on the other side.
As the alcohol precedes the tube, it will block that transmission, so they will have a lesser number of electrons picked up on the machine than is projected on the other side. That is supposed to be the way that they can tell how much alcohol is in your blood or alcohol is in your breath, and byproduct of that is in your blood. There is a lot of literature out there that shows this machine is not as accurate as most people think it is. It is very susceptible to interferences; even radio frequencies can interfere with the machine. The testing or the gas that is used to calibrate the machine has to be from an approved provider. There is usually only a few approved providers in each state.
That is the common thing that will happen where there are a lot of manufacturers for the gas, but there are only a few that are approved. So it is a lot of different small things that your lawyer has to look at when he is determining how your case is going to go, and if he is determined to file some motion to suppress or something like that. Those are all things that your lawyer is going to look at as possible grounds to suppress.
How Common Are Blood Tests For DUI Cases?
They are getting a lot more common because the Intoxilyzer is not as accurate and they realize that there are problems with it. Some jurisdictions went to requiring blood test on everything, which means they are going to either get a warrant to have your blood test or see if they can get it from you through consent, which means they will take you to the hospital and have your blood drawn, then send it off to the KBI to have it tested. It is a lot more prevalent.
What Sets Your Firm Apart In Handling DUI Cases?
I am the only one at my firm that does DUI cases and I only do criminal defense and DUI traffic. I have been certified by the National Highway Traffic Safety Administration to administer the field sobriety tests just like the officers. I took a twenty-one hour course to learn how to score those tests as well. I have also been certified to administer the Intoxilyzer 8000 protocol, administer the Intoxilyzer test just like the officers have a lot of DUI lawyers. I am in the National College for DUI Defense. I spend a lot of time making sure that I am abreast of the new cases that come out and I try to stay up on any training that would give me an advantage as far as cross-examining an officer or cross-examining an expert that a lot of lawyers who do DUIs may not have access to.
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