Interviewer: How often are you able to challenge the results of the tests and win?
Dale: Right now, the machine is fairly new. I’ve challenged this machine about 10 times, and every court thus far where I challenged it, I was able to obtain a reduction in the charges for the client. And this is kind of amusing, the departments have gone back to using the old Intoxilyzer; the BAC Data Master.
Interviewer: Are they’re allowed to do that?
Dale: There’s a question if they are allowed. They’ve raised another issue now because the way the regulations read is that – and as an aside, they’re not written very well – is when someone has been granted an access card, which is what they give to people that can operate the 8000, it says “They shall only give breath tests on that machine.” I’m sure they didn’t mean it to be that way, but the way it reads is once you’ve been granted an access card you can’t use anything but the Intoxilyzer-8000.
Can the Breathalyzer Malfunction?
Interviewer: How about the operators of the machine itself? Is it hard for someone to make the machine work properly? Does it tend to malfunction frequently, and render the results unusable?
Dale: All the operators have to do to use the machine is follow the instructions set forth by the manual The manual is online on the Department of Health site. All you have to do is follow the prompts and push the button that you are supposed to push when it tells you to do so.