Minnesota DWI DUI Lawyer, Minneapolis Criminal Defense Attorney

Posts Tagged ‘Intoxilyzer’

Minnesota Is Switching From Intoxilyzer 5000EN to New DataMaster DMT Breath Testing Machines

Wednesday, August 31st, 2011

Minneapolis DWI lawyers continue to challenge the reliability of breath test results provided by Intoxilyzer 5000EN. In previous blog posts, we reported that 4,000 Minnesota drunk driving cases are put on hold until the completion of the appeal regarding Intoxilyzer 5000EN which is the focus of the legal challenge.

The state is phasing out 264 units of the Intoxilyzer 5000EN to switch to the DataMaster DMT device. The use of the new breath-testing machine will be implemented in the state of Minnesota within the next few months after the completion of training seminar on the new Datamaster DMT in Bloomington, MN in September.

The DataMaster DMT will be used by Minnesota authorities soon to test the blood alcohol content of an individual believed to be driving while impaired. The Data Master DMT is currently be used in several other States and in other countries around the world.

So how does the new DataMaster DMT work?

This breath testing instrument measures the level of alcohol by using the principle of infrared energy absorption. It uses the Grey-body infrared energy source along with a folded optical chamber for the sample, thermo-electrically cooled lead Selenide detector and optical filters with narrow bandwidth. DMT is acronym for DataMaster Portable. This DataMaster DMT electronically collects and stores data with significantly updated software.

The Data Master DMT has a fast, powerful computer processor with more storage capability for on-site electronic complaint entry with Windows-based touch screen graphics display and keyboard. It’s also equipped with a stand-alone laser printer.

Rather than entering information manually, this breath testing equipment has a card reader for drivers’ licenses so the operator can just swipe the licenses. Additionally, instead of utilizing modems, this instrument has internet capability.

Whatever computerized instrument is used to determine your blood alcohol content, its result can often be challenged by an experienced DWI attorney. If you’re charged with DWI, Douglas T. Kans, a Minnesota DUI lawyer, knows exactly how to challenge your breath testing result. To provide you with the comprehensive legal services that you need in order to ensure the best possible resolution of your drunk driving case, contact Kans Law Firm at (888) 972-6060 for a free case review.

Tags: blood alcohol level, Breath Testing Machine, Breathalyzer, Data Master DMT, Intoxilyzer
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4,000 Minnesota Drunk Driving Cases In Limbo – Full Explanation

Friday, August 26th, 2011

As we touched on in the last blog post and reported on back in a March in a blog post entitled “Judge rules on limitations of Intoxilyzer 5000 after challenge from Minneapolis DWI Attorneys” the high court of the state granted the motion by a coalition of Minnesota defense attorneys requesting each DWI case in the state of Minnesota remain on hold until the appeal regarding the Intoxilyzer 5000EN is complete.

The Intoxilyzer is used by police officers to determine the level of blood alcohol content of a driver believed to be driving while impaired. It uses sound-infrared spectroscopy in measuring the absorption of light of molecules in the air breathed out by a driver.

However, since the result of intoxilyzer is determined by a computer source code inside the intoxilyzer, many DWI attorneys believed that it creates discrepancies.

The motion puts over 4,000 cases of implied consent and DWI on hold while awaiting the issuance of final order by the Supreme Court of Minnesota on whether the results of the intoxilyzer tests are considered reliable.

The District Judge of Scott County, ruled in March that even though the controversial computer source code of the device can contain errors, these errors are not sufficient to affect the results’ accuracy. This ruling was created after Minneapolis DWI attorneys challenged the accuracy of intoxilyzer 5000.

The order of the District Judge consisting of 122 pages followed a legal battle of five years both in the state and the federal courts which involved attorneys of the 4,000 accused drunk drivers in Minnesota’s 69 counties. The order stops prosecutors and judges at the moment from pursuing the cases.

The DWI cases returned to their respective home districts after the ruling. Defense lawyers made their appeal to which the Supreme Court agreed for case hearing. There is no schedule on oral arguments before the Supreme Court yet.

The order states that the consolidation of these 4,000 cases before a single judge is for prevention of similar court battles as well as for inconsistency of ruling, and for preservation of resources. Chief Justice Lorie Gildea believes that putting the cases on hold serves the same purpose. Most Minnesota criminal lawyers are pleased with the ruling and consider that the order would cause DWI cases to inefficiently bounce through the system and drive up the cost of defense for their clients.

A total of 264 units of Intoxilyzer are phased out by the state to make way for Datamaster DMT machine. The new breath-testing device is due for release the next few months following the completion of training and testing at the state Bureau of Criminal Apprehension.

Stay tuned for a future blog post where we’ll take a more detailed look at the Datamaster DMT breath testing machine.

Regardless of what breath testing device is used to measure your blood alcohol level, a DWI charge must always be taken seriously. If you happen to be charged with DWI in Minnesota, you should immediately contact an experienced and well-trained Minneapolis DWI Lawyer to defend your DWI case. Douglas T. Kans, a respected Minnesota Criminal Lawyer, is always ready to provide you with comprehensive legal services for the best possible resolution of your DWI/DUI case. You may contact Kans Law Firm, LLC at (952) 835-6314 for a free case review.

Tags: DataMaster DMT, driving while impaired, drunk driving, Intoxilyzer, Minnesota DWI Defense
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The Enhanceability of a Minnesota DWI Conviction – A Case Study

Thursday, August 11th, 2011

On this blog and within our websit we have covered what the enhanceability of a Minnesota DWI/DUI conviction means (Degrees of DWI Charges). In essence, if an individual is convicted or pleads guilty to a DWI in Minnesota, he or she is required to be advised by both the court and their attorney that a subsequent charge for DWI within a period of 10 years can be charged as a more serious level of DUI offense based on the current plea or conviction. Below is a case that best illustrates this point.

The Prior Lake Police recently arrested a 50-year-old man after receiving a call from Mystic Lake Casino security. Reports say that the casino security called the police to report a man who appeared to be intoxicated and was causing disturbance at the casino. The complaint caused the police to arrest the drunken man after he left the casino. Within just about eleven years, he got his fifth arrest for drunken driving.

After taking the Intoxilyzer test, it showed a blood alcohol content reading of 0.24 which is three times the 0.8 legal BAC limit. He was then arrested for first-degree DWI . His court records showed he has previous DWI convictions or alcohol related license revocations from May 2001 in Rice County and from September 2001, March 2003 and September 2007 in Dakota County. He was also convicted in Ramsey County of Driving After Cancellation in year 2004.

The District Court of Scott County charged him with four counts of DWI which include felony DWI of two counts, misdemeanor open-bottle offense, as well as gross misdemeanor in violation of terms of restricted driver’s license. The man is now in Scott County Jail custody on a bail of $80,000.

If you have a DWI charge, then you should contact an experienced and well-trained Minneapolis DWI Lawyer immediately to defend your DWI case. Respected Minnesota Criminal Lawyer, Douglas T. Kans, is always ready to provide you with comprehensive legal services for the best possible resolution of your DWI/DUI case. You can contact Kans Law Firm, LLC at (952) 835-6314 for a free case review.

Tags: dakota county, Felony DWI, Intoxilyzer, Minneapolis DWI Lawyer, Minnesota Criminal Lawyer
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State of Minnesota petitions MN Supreme Court to reconsider Intoxilyzer source code ruling

Saturday, May 9th, 2009

In a petition signed May 5th, 2009, the State of Minnesota has requested the Minnesota Supreme Court to reconsider its ruling in State vs. Underdahl. Specifically, the state has requested that the Court reverse its earlier finding that the State of Minnesota has possession of the source code.

In its petition, the state argues that they are not currently in possession of the source code and are unable to produce it, but are still currently involved in federal litigation with CMI of Kentucky, Inc. (CMI), the company owning the source code, in an effort to obtain the source code for defendants or petitioners, if ordered to do so by a district court.

One proposal put forth by the State of Minnesota,in its petition, s that the Minnesota Supreme Court delay its decision on this issue until the federal litigation involving CMI has been resolved. Stay tuned…

Tags: DWI, Intoxilyzer, source code
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Minnesota Supreme Court Tackles DWI Intoxilyzer Source Code Issue

Saturday, May 2nd, 2009

The Minnesota Supreme Court in State vs. Underdahl, an 18 page ruling handed down on April 30th, 2009, affirmed one district court judge’s order that the source code for the Minnesota Intoxilyzer 5000EN breath testing machine be disclosed by the State of Minnesota in a Minnesota DWI prosecution case, but also ruled that the district court abused its discretion in ordering the State to disclose the source code in a separate Minnesota DUI prosecution case.

In the first case, the Minnesota Supreme Court found that the defense made a sufficient showing that the source code may relate to the defendant’s guilt or innocence in his Minnesota DWI or DUI case, as opposed to the second case where the Court found the defendant did not make such a showing.

Although the Court ruled that the State does have the source code in its possession, it made clear that it’s still within the district court’s broad discretion whether to grant a defendant’s motion requesting disclosure of the source code in a MN DUI case. It further found that the district court, in the first case, did not abuse this discretion in ordering production of the source code, where as the district court in the second DWI case did abuse its discretion by ordering production of the source code where the defendant failed to provide sufficient evidence.

Until now, the vast majority of district court judges in Minnesota have denied defense motions requesting production of the source code in DWI cases. The question now becomes as to what affect this decision will have on these same judges. The Minnesota Supreme Court ruled that district judges still have broad discretion whether to grant or deny similar motions by Minnesota Criminal Lawyers on behalf of DWI defendants.

At the very least, perhaps the DWI defendant is now given a blue print as to what may be required to make a sufficient showing to obtain an order requiring production of the Minnesota Intoxilyzer 5000EN source code. Also, with this ruling, there seems little doubt that the flood gates may now be open for source code demands. I think the question still remains as to what will be the result of such demands, based on this Minnesota Supreme Court decision.

Tags: breath test, Intoxilyzer, Minnesoa DUI, Minnesota DWI, source code
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Minnesota Intoxilyzer Breath Testing: A Different Issue

Thursday, April 9th, 2009

After Posting below about another Minnesota DWI Source Code Case where the Court has, yet again, rejected ordering disclosure of the source code because there has been no showing that it is relevant to the driver’s guilt or innocence with regard to his or her ”specific” Intoxilyzer result, I felt it important to note that there are still potential issues a Minnesota DUI Lawyer should be aware of when looking at a particular driver’s specific Intoxilyzer result.

In a recent Hennepin County District Court case, in which I represented the defendant, I successfully argued that, with regard to my client’s specific Minnesota Intoxilyzer Breath Test Result, the machine was unreliable as to whether his blood alcohol concentration was a .o8 or more.

In this case, the simulated breath solution, with a known value, was .O79. The State argued that the simulator solution was within the acceptable limits and was therefore a reliable result. However, upon my cross-examination, the officer reported the simulator solution was read by the Intoxilyzer machine as .081 and .080. Therefore, the machine appeared to be inflating the results by .01 to .02. Generally, this would not be an issue and harmless, however, my client’s second breath sample was exactly .08 with a replicate of .081. The final reported value was .08g/210L.

The Court ruled in our favor and found my client’s specific Intoxilyzer result of .o8 untrustworthy and questionable and therefore rescinded/dismissed the driver’s license revocation. The Court stated that the State of Minnesota/Commissioner failed to establish by a preponderance of the evidence that my client’s alcohol concentration was over the legal limit. Specifically, the Court ruled the Intoxilyzer, in this specific instance, was reading or testing it’s simulator solution at least .002 higher than the simulator solution’s known value of .079. Again, it’s important to note, my client’s test result was exactly a .08.

Certainly, this particular fact scenario is rare in most .08 cases, but it does underscore the notion that there are still genuine legal arguments and issues with regard to Minnesota Intoxilyzer Breath Testing and the skilled Minnesota DWI Lawyer needs to be aware of them.

Tags: Blood Alcohol, Breath Testing, Intoxilyzer, Minnesota DUI Lawyer, Minnesota DWI Lawyer
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