DWI: Challenging the Breath Test

The state of Minnesota and the State of WisconsinCourt whereas, the results of the Intoxilyzer 5000 may
currently require a person suspected of a DUI/DUI tobe critical to a prosecutor's case.
submit to a blood, breath or urine test to determine theThe manufacturer of the "Intoxilyzer" is CMI, a
blood alcohol content of the subject. A refusal toKentucky corporation. Though the Intoxilyzer has the
submit to such a test may have more seriouspotential to be accurate, it is not infallible. Breath testing
ramifications than a test result with a BAC over thein general is based upon the principle that there is a
legal limit.direct relationship between the amount of alcohol in a
The Intoxilyzer 5000 is the current breath-testingperson's deep lung air to amount of alcohol in the
machine that is used. This is the machine that is usedperson's blood in the aveolar tissue of the lungs. Breath
when a DWI/DUI suspect is taken to the police stationtesting equipment is calibrated based upon the
and should not be confused with the preliminary breathassumption that the ratio of alcohol in the air to the
test (PBT) that may be used at the scene of a DWIalcohol in the blood is 1 to 2100.
DUI stop. The PBT is not admissible as evidence in