Challenging Breathalyzer, Intoxilyzer and Datamaster results enters a new stage

Jeffrey B. Ring & Associates in Minneapolis has long targeted the reliability of breath tests used to arrest and convict drunk drivers. While the drive to find flaws in the tests will never stop, a state Supreme Court ruling in June 2012 has forced our firm and DWI lawyers across the state to start the process of challenging test reliability from scratch.

The Intoxilyzer 5000EN uses infrared absorption spectroscopy to measure the breath alcohol concentration of DUI subjects who provide breath samples. It was the primary device used by law enforcement in Minnesota, and its reliability was questioned in more than 4,000 DWI cases because of a problem with the device's source code.

In a tight 4-3 decision, the Supreme Court said that the Intoxilyzer produced valid breath alcohol measurements - despite some flaws. It also held that the source code question cannot be litigated when those 4,000 cases are returned to their local trial courts.

Intoxilyzer versus Datamaster breath tests

While the ruling impacted thousands of drivers with pending cases, more recent DWI defendants face their own challenges. The Intoxilyzer is being phased out statewide by a new machine - the Datamaster DMT. This device is supposed to be more accurate because it has a two-part technology.

Similar to the Intoxilyzer, the DataMaster DMT uses infrared energy absorption to measure blood alcohol concentration (BAC). But it simultaneously uses fuel cell technologies to test the breath. The fuel cell redundant test has failed in Minnesota, yet the government has simply shut that part of the machine off, and continued using the DataMaster. Your Jury will be very interested in hearing that, if a trial is needed!

Unrelated to its ability to test breath, the DataMaster has a Windows-based touch screen, a keyboard, Internet access and a standalone printer. It can scan a driver's license and streamline the process of filing a DWI complaint by allowing an officer to submit paperwork to the court right from the machine.

How our DWI attorneys can help

As with all new devices, the DataMaster's reliability is being picked apart. Concerns about the shelf life of the fuel cells and the possible similarities of the infrared technology to the faulty Intoxilyzer are among the areas the DWI lawyers at Jeffrey B. Ring & Associates are pursuing. As always, we examine in every case whether:

  • The machine was calibrated
  • The officer was properly trained
  • The test was conducted correctly

If you have been given a breath test and your blood alcohol content was over .08 or over, contact a Minneapolis DUI attorney at our firm as soon as possible. You should know your rights and obtain guidance from our veteran lawyers to achieve the best possible outcome for your case, even if you have been convicted of multiple DUI offenses.

We are happy to answer any questions you have. Please review answers to our Frequently Asked Questions (FAQs) about DUI, then call us to discuss your case.

Cutting-edge Minneapolis DWI lawyers challenge technology

Contact Jeffrey B. Ring & Associates for a DWI attorney who understands how to unravel the prosecution's case. We offer a free consultation, so you have no reason not to discuss your case with us and see how we can help.