DUI Breath Testing Machine

[skp1111]

What is the name of your state? CA

I have heard that the Breath testing machine used for DUI Drunk Driving should be officially tested every month and if the machine which took your reading was not tested then the attorney can make this a point to fight and drop DUI charges???


I heard it here [URL="http://www.jinanamlaw.com"]http://www.jinanamlaw.com[/URL]

[BigMistakeFl]

In my state, it's a requirement only every six months. If they can produce records of calibration at those increments, there is no defense. There is currently a challenge to the Intoxilyzer due to the manufacturer's refusal to produce the software used.

[CdwJava]

Originally Posted by skp1111

What is the name of your state? CA

I have heard that the Breath testing machine used for DUI Drunk Driving should be officially tested every month and if the machine which took your reading was not tested then the attorney can make this a point to fight and drop DUI charges???

The standard in CA is once per month (depending on the device used) and at least once per week for the new devices (Praeger E-PAS) distributed by the CA DOJ.

Improper calibration and maintenance CAN be a defense, but it can be an EXPENSIVE defense with no guarantees. YOU will have to fork the cost of an expert to lay the foundation for the defense.

Consult an experienced DUI attorney prior to trying this. Or, make a shot in the dark and cross your fingers.

- Carl

[TYRIS]

Originally Posted by skp1111

What is the name of your state? CA

I have heard that the Breath testing machine used for DUI Drunk Driving should be officially tested every month and if the machine which took your reading was not tested then the attorney can make this a point to fight and drop DUI charges???


I heard it here [URL="http://www.jinanamlaw.com"]http://www.jinanamlaw.com[/URL]

-I believe your refering to the PAS(preliminary alcohol screening) device, which is administered in the field or the old Intoxilyzer 5000. California now uses an EPAS Device which is portable. The EPAS device must be calibrated every ten days or it will not function until it is. The point is moot if the EPAS was used.



Tyris

[CdwJava]

Where I used to work and we used Intox 5000s, DOJ conducted those calibrations at least monthly, as I recall. DOJ was also able to dial-up the machines and access them remotely at will. As Tyris mentioned the EPAS must be calibrated every 10 days or you get a big "ERR" when you turn the thing on, and it will not function.

Personally, I love the E-PAS! Simple, portable, prints in the field if you need it, and easy to maintain. The problem is that the PDA that DOJ uses for the EPAS Admin functions seems to fail every 8 to 10 months ... either that, or my officers keep playing with it!

- Carl

[skp1111]

Thanks For the reply...but atleast there is a chance

[CdwJava]

Originally Posted by skp1111

Thanks For the reply...but atleast there is a chance

A slim one.

Do you know what kind of machine was used?

- Carl

[skp1111]

It looked like a office carrying briefcase

[CdwJava]

Originally Posted by skp1111

It looked like a office carrying briefcase

It was probably the Praeger EPAS. That means it MUST be calibrated at least omnce every 10 days or it shuts down. DOJ gets cranky if they don't receive the calibration results each week, so the chances are it is calibrated every 7 days.

- Carl