Minnesota Intoxilyzer Breath Testing: A Different Issue

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in our favor and found my client’s specific Intoxilyzer result of .o8 untrustworthy and questionable and therefore rescinded/dismissed the driver’s license revocation.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.