Ohio OVI Breath Testing – Bigger Is Better?

April 5th, 2012 by DaytonDUI Leave a reply »

The Intoxilyzer 8000 breath testing machine adopted by Ohio in all 88 counties differs significantly from the Intoxilyzer 5000 machine that has been used for years.   Both machines operate using INFRARED ABSORPTION to analyze breath samples.  The sample (deep lung aveolar air) is blown into the sample chamber and then excited by an infrared light source.  The decrease in intensity of the IR light due to absorption by alcohol in the breath sample is proportional to the alcohol in the breath. The Intoxilyzer 8000 has a significantly smaller sample chamber (29.4 cc’s vs. 84 cc’s in the 5000) and a shorter light path length.  This is important because the farther the energy travels through the breath sample, the more time the energy has to react to the sample.  The longer the light path, the more sensitive the machine. (Source DataMaster  Supervisor  Guide, p. 2).

Unlike the BAC DataMaster and it’s predecessor the Intoxilyzer 5000, the Intoxilyzer 8000 does not employ a spinning mechanism that filters to test specific frequencies for infrared light absorption.  To overcome the filter wheels, the Intoxilyzer 8000 uses a pulsed light.  The mechanical result is that the Intoxilyzer 8000 has to employ a much slower processor which dramatically reduces the number of samples the machine can make per second.  In comparison, the BAC DataMaster runs at 525 megahertz which means that it tests 125 samples per second whereas the Intoxilyzer 8000 tests 4 samples per second.  The slower operating speed  makes the Intoxilyzer 8000 less able to reliably detect mouth alcohol and flag invalid samples compared to the Intoxilyzer 5000 and the BAC DataMaster. The result is that the machine is less able to detect mouth alcohol which results in the acceptance of some samples that would otherwise be rejected.  This is not the opinion of a defense attorney, this is the opinion of the Alaska Department of Highway Safety, which after testing, has not approved the Intoxilyzer 8000 for use in Alaska.  A similar result was reached in Minnesota which also refused to approve the Intoxilyzer 8000.

Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  “All I do is DUI defense,” says Rowland.  Credentials?  Charles Rowland was one of the first private attorneys in the nation to be certified on the Intoxilyzer 8000.  National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most commonly used breath testing instrument in Ohio for DUI arrests. Rowland has been a DUI prosecutor and has been a special prosecutor in DUI cases.  He has been qualified as an expert witness on evidential breath testing by the United States government and has testified in court martial proceedings.  When the police academy needed a DUI defense attorney for its mock trial class they called Charles Rowland.   He was the first attorney in the United States to earn a Forensic Sobriety Assessment Certificate (FSA) and is Ohio’s only FSA certified attorney.  Charles M. Rowland II attended the NHTSA Field Sobriety Testing training (the same training as law enforcement) wherein he was certified to administer and evaluate the standardized field sobriety tests.  Charles attended the 19th annual Mastering Science in a DUI in New Orleans and stays on the cutting edge of forensic defenses.

Charles M. Rowland II has distinguished himself amongst his peers.  He is past-President of theGreene County Bar Association and a member of the Ohio State, Dayton and Clark County Bar Associations.  He is the winner of the 2004 OSBF Community Service Award for Attorneys under 40 and was a Fellow to the Ohio State Bar Foundation in 2005.  He has co-edited Anderson’s Ohio Civil Practice, has been an adjunct professor for the Wright State University Honors Department and was co-recipient of the 2006 Beavercreek Chamber of Commerce’s Public Education Award.   He has served on the St. Luke Parish Council, the Beavercreek School Board and as President of TCN-BHS, Greene County’s alcohol and drug treatment provider.  If you find yourself accused of a drunken driving offense, you should contact Charles M. Rowland II at (937) 318-1384 [318-1DUI], 1-888-769-5263 [888-ROWLAND] or by texting DaytonDUI (one word) to 50500.  You can also get great information about Ohio’s tough drunk driving laws atwww.DaytonDUI.com or on the Ohio DUI/OVI Blog at www.DaytonDUI.com/blog.  Charles Rowland says, “All I do is DUI defense.”

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