Lexington Man Files Lawsuit Challenging Breathalyzer

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Posted: 7:02 PM Feb 4, 2008
Last Updated: 7:12 PM Feb 4, 2008

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A Lexington man has filed a lawsuit, questioning the effectiveness of the Intoxilyzer 5000. That's the breathalyzer police used to charge him with drunk driving.

The Lexington Police Department, along with police departments around the state, and across the country, use the Intoxilyzer 5000.

But some attorneys are questioning its reliability, saying it might say you are guilty of drinking and driving, when you're actually not.

The Intoxilyzer 500 is made in Owensboro. The lawsuit filed here in Lexington wants CMI, the maker of the breathalyzer, to turn over its source code. Lawyers say they just want to check that code out to make sure there aren't any bugs in it.

"What we want to do is discover how the machine functions, and learn whether it's accurate," Lexington attorney Hal Kirtley said.

CMI officials, along with state officials, say the Intoxilyzer 5000 is scientifically reliable. And police departments agree, saying they've not had any problems with the machine.

The Kentucky Court of Appeals has asked CMI to reveal the source code in the near future. If the company doesn't comply, the Kentucky Supreme Court may step in.

CMI officials say they're reluctant to give out the source code, because it could provide an advantage to their competition.

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Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: Whatdoyoucallabunchofattornies Location: Abunchofoverpaidliars on Feb 6, 2008 at 08:19 PM
Sober up George and quit the crack.

Posted by: George Creal, DUI Attorney Location: Atlanta, GA on Feb 5, 2008 at 02:22 PM
The Intox 5000 purports to measure blood alcohol with breath alcohol vapor. It has a sample variance of /- 0.02 because of differences in deep lung air. That is 25% of the legal limit. It has acknowledged weaknesses including solvents like acetone, mouth alcohol, radio frequency interference, inhalers where medicine is suspended in alcohol mist. Finally, not releasing the source code violates a defendant's constitution right to confront witnesses and evidence called against him. Terrorists have more rights. Learn more at www.gotdui.info. If you dont like civil rights move to China or Iran.

Posted by: Anonymous Location: KY on Feb 5, 2008 at 01:40 PM
Grasp at all the straws you want, but the Intoxilyzer 5000EN is a reliable and accurate breath testing instrument and you will lose. Pay for what you did and get over it. To the person who wrote this article, Breathalyzer is a brand name, and just like all soda is not Coke, all breath testing instruments are not Breathalyzers. The Intoxilyzer 5000EN is used in Kentucky, so do a little research before you write your next article.

Posted by: Grow up Location: Be a MAN on Feb 5, 2008 at 01:23 PM
So Snoop Drunkie Drunk got caught, waaa! Sucks to be you. Guilty, next.

Posted by: bobw Location: owsley on Feb 5, 2008 at 08:30 AM
me gangster what, freaky freaky fresh, word.

Posted by: Bryan Location: Lexington on Feb 5, 2008 at 05:50 AM
Get CMI to come to court and they will break it down for you on how it works. Besides that...DO NOT DRINK AND DRIVE IF YOU ARE TO MUCH OF A CRY BABY TO PAY THE PRICE IF YOU GET CAUGHT!!! I guess this Kirtley attorney is just one of the many liberals that are in this state that are ruining it!

Posted by: Scott Location: Lexington on Feb 5, 2008 at 05:43 AM
First I must ask who is the (edited) who is trying to get out of his DUI? Secondly, I know i have taken breathalyzer's both intoxicated as well as stone sober and each time I was informed that I was drunk or sober. Therefore if this person whom if memory is correct has been in jail since 2006 do your time for your crime. I am sure he FAILED the Field Test and was given a breathalyzer when pulled over, when arrested, and then after being booked too. last I checked that is how it is. I used to have my own breathalyzer and it was pretty (edited) accurate too. My friends and I used to drink to see how drunk we got. Third I am tired of these EXPLATIVE attourneys trying to EXPLATIVE our judicial system up for these (edited) that didnt know they are idiots to drink then drive then to get arrested. I have driven drunk multiple times and anymore I TAKE A CAB even after 1 drink

Posted by: Anonymous on Feb 4, 2008 at 09:14 PM
Wah Wah...this type of machine has been tested and tested..it's self-calibrating before each use. If you're drunk, be a man and admit it. Don't be a ($**# and blame it on the machine.