Wednesday , September 20 2017
Home / Hawaii DUI News / How accurate are breathalyzers-

How accurate are breathalyzers-

There are a number of different breath testing machines manufactured by a number of different companies.  In Hawaii the Intoxilyzer 5000 and 8000 are used, both manufactured by CMI.  These are the machines used at the police station.  Both rely on infrared spectrometry.  While the science of infrared spectrometry is not new, for identifying basic items, the science is far more questionable when it comes to differing between closely related substances and measuring the substances.  There are a number of scientific studies, by independent scientists not paid by CMI, that show that the machines are susceptible to a wide variety of variables.  Additionally, it is well known, but not readily made known by the government, that the machine uses a lot of generalizations to arrive at the number that the machine spits out.  You may not fall into the general guidelines that the machine assumes. For example, if the average man in America is 5’10 and 165 pounds that doesn’t mean that if you get an “average” sized set of clothing that it will fit you.  On top of that, CMI refuses to allow outside scientists know how the machine works.  And, if you think it is some sort of Star Trek type of technology that they don’t want the world to know about lest the common man be able to travel at warp speed, consider that CMI boasts that its newest model, the Intoxilyzer 9000, has 128 MB of RAM and 512 MB of flash HD.  Compare that to your child’s old smart phone that you handed down to him a year or two ago.  Let’s just say it suffers from problems despite the government’s efforts to portray it as a machine that does not need any maintenance.

The Contributor is Kevin O’Grady esquire. Kevin O’Grady practices in Honolulu, Hawaii, has been in practice since 1997, is a former prosecutor, a member of the National College for DUI Defense, the NACDL, and HACDL and he is a Major in the U.S. Army reserve as a Judge Advocate. His practice is 90% DUI and traffic related. He focuses on DUI, criminal defense, and Courts-Martial. He can be reached at 1-800-DUI-CASE, 808-521-3367, WWW.CriminalAndMilitaryDefenseHawaii.Com, or Paralegal1@CriminalAndMilitaryDefenseHawaii.Com

About Kevin O'Grady

Kevin O'Grady
Kevin O’Grady has a practice that is more than 90% DUI defense. For DUI criminal charges in Hawaii state and federal courts for the four years preceding 2015 97% of his clients do not have a DUI conviction when the case was finally completed. Originally from New York he has been a reserve Maricopa County Deputy, a Deputy Prosecutor for the city of Scottsdale Arizona, a Special Assistant United States Attorney and Chief Prosecutor for the Ak-Chin Indian Community, Special Assistant United States Attorney and Domestic Violence Prosecutor for the Salt-River Pima-Maricopa Indian Community, A trial Counsel and Senior Trial Counsel with the United States Army. He is a Major in the United States Army Reserve and a Judge Advocate. He is certified as a JAG to handle all Article 32 Preliminary Hearings including Article 120 (rape and sexual assault) cases. He has handled cases from murder to rape to drugs to assault. He is qualified to administer Standardized Field Sobriety Tests under National Highway Traffic Safety Administration & International Association of Chiefs of Police Guidelines. He is also trained on the Intoxilyzer 8000. He is a member of the Arizona State Bar, the Hawaii State Bar, certified under Article 27(b) to appear in Courts-Martial cases, admitted to the State bars of Arizona and Hawaii, the Federal District Courts of Arizona, Hawaii and the Northern District of Texas, as well as the United States Court of Appeals for the Ninth Circuit. He is a member of the National College for DUI Defense, the National Association of Criminal Defense Lawyers, and the Hawaii Association of Criminal Defense Lawyers. He is also an Arizona Peace Officer Standards and Training Law Instructor. Mr. O’Grady lives in Kailua with his wife and two sons.

If you would like to contact the author, please visit: http://wwwcriminalandmilitarydefensehawaii.com


Leave a Reply

Your email address will not be published. Required fields are marked *

*