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Updated: 7:12 PM Feb 4, 2008
Lexington Man Files Lawsuit Challenging Breathalyzer
It's been used during thousands of drunk driving arrests, in as many as 20 states. But now, a Lexington man is challenging the effectiveness of the Kentucky-made breathalyzer police used to arrest him. Posted: 7:02 PM Feb 4, 2008 |
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8 Comments 
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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Sober up George and quit the crack.
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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.
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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.
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