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SVTPerformance's Chain of Restaurants
Donut Shop
DUI question
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<blockquote data-quote="SinisterLS2" data-source="post: 13383162" data-attributes="member: 153128"><p>What this is is a reference. The intoxilyzer is NOT testing subject breath at that 0151 time. It is IMPOSSIBLE to obtain an evidentiary breath test on an Intoxilyzer 5000 of EITHER type that quickly. The machine must purge, and there is a sixty second waiting period (timed) along with these purges (before and after lasting about 30 seconds each as well). </p><p> </p><p>There is a container on the machine designed to meet the criteria of DUI for that state. This state in question is MOST likely using a .08 reference sample. The machine takes the subject breath, purges, then tests a pre-mixed reference solution to show on the print out it is calibrated and able to detect alcohol. This solution is usually an alcohol and water mixed in proportion to .08 under a certain heat. The sample has a thermostat to keep the temperature correct, and keep the pre-mixed sample at .08 + or - .01. The + or - is acceptable on the solution since alcohol fluctuates with air temperature/pressure/and even density. That is why you see the differing tests results so close together (1 minute apart) and a reference sample of .078. Subject blows, then purge, then a test of the reference solution, then purge, then waiting period of 60 seconds. Then another purge and the machine is ready for the second subject test. Most subjects see this printed as "reference sample" on the printout in the middle and think they passed. It is not their breath. Just a preset sample on the side of the machine for calibration.</p><p> </p><p>The first and third numbers should be the subject's breath on a 5000 or 5000EN. The best case against a DUI is probable cause for the stop, since there are so many evidentiary things to go over in court. Fail to signal a turn is an easy one since the dash cam either caught it, or didn't. That is where the defense attorney comes into play. He will watch the video to see if the client signalled (long before court). If not, then he will try to attack the actual evidence in the case (less likely to work) and he will hopefully tell his client to try to plea the case out if the deck gets too stacked.</p></blockquote><p></p>
[QUOTE="SinisterLS2, post: 13383162, member: 153128"] What this is is a reference. The intoxilyzer is NOT testing subject breath at that 0151 time. It is IMPOSSIBLE to obtain an evidentiary breath test on an Intoxilyzer 5000 of EITHER type that quickly. The machine must purge, and there is a sixty second waiting period (timed) along with these purges (before and after lasting about 30 seconds each as well). There is a container on the machine designed to meet the criteria of DUI for that state. This state in question is MOST likely using a .08 reference sample. The machine takes the subject breath, purges, then tests a pre-mixed reference solution to show on the print out it is calibrated and able to detect alcohol. This solution is usually an alcohol and water mixed in proportion to .08 under a certain heat. The sample has a thermostat to keep the temperature correct, and keep the pre-mixed sample at .08 + or - .01. The + or - is acceptable on the solution since alcohol fluctuates with air temperature/pressure/and even density. That is why you see the differing tests results so close together (1 minute apart) and a reference sample of .078. Subject blows, then purge, then a test of the reference solution, then purge, then waiting period of 60 seconds. Then another purge and the machine is ready for the second subject test. Most subjects see this printed as "reference sample" on the printout in the middle and think they passed. It is not their breath. Just a preset sample on the side of the machine for calibration. The first and third numbers should be the subject's breath on a 5000 or 5000EN. The best case against a DUI is probable cause for the stop, since there are so many evidentiary things to go over in court. Fail to signal a turn is an easy one since the dash cam either caught it, or didn't. That is where the defense attorney comes into play. He will watch the video to see if the client signalled (long before court). If not, then he will try to attack the actual evidence in the case (less likely to work) and he will hopefully tell his client to try to plea the case out if the deck gets too stacked. [/QUOTE]
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