Harden Law Offices

104 Main Street, Lancaster, NH 03584 603.788.2080
2 Cottage Street, Littleton, NH 03561 603.444.2084
199 Heater Road, Lebanon, NH 03766 603.448.3737
www.dwilawyernh.net
info@lenharden.com

Monday, April 15, 2019

NH Replaced 1988 Breath Machines with Intoxilyzer 9000, State is Afraid to Provide Access and Training.

NH has a long history of working with CMI, Inc. the manufacturer of the Intoxilyzer breath machines. NH purchased 88 Intoxilyzers in 1988 for $480,280.  The average cost was a bit more than $5,000.  NH has used the Intoxilyzer 5000EN until this year including a long term profitable training and maintenance contract between CMI, Inc and NH. 

Two images below are of an Intoxilyzer 5000 EN one at the Colebrook Police Department and the other showing the EPROM on three chips from a training.  Historically, CMI, Inc. has steadfastly refused to sell their machines, t-shirts or even a baseball hat to a defense lawyer. I have tried.   I have been told by the company that they only sell to government entities and to facilitate work place compliance such as oil rigs and transportation companies.

Colebrook PD I5000 EN

EPROM on Three Chip I 5000 EN

Back in 2017 NH agreed to spend $994,620 to purchase 139 Intoxilyzer 9000s from CMI, Inc. These new machines cost slightly more than $7,000 each plus will have a long term training and maintenance cost.  This means that NH citizens will be paying over $1,000,000 to CMI, Inc. but will not be provided any details on the inner workings, algorithms, science or trainings.  There is littlet doubt that these new intoxilyzers were neede to replace the aging equipment that was used as late as December of 2018 to convict NH citizens accused of DWI.  However, it is important that in any government transaction that there be transparency and candidness.  As the official breath testing maching of NH the Intoxilyzer 9000's inner workings have remained hidden from scrutiny and shrouded in secrecy.

I 9000
I 9000 Inside
As a NH defense attorney that focuses on DWI defense I have requested that the state of NH order an Intoxilyzer 9000 for me and my expert.   It was our hope to conduct experiments and test the Intoxilyzer 900.  We offered to fully reimburse the state and CMI, Inc would make for any costs associated with the additional purchases.  The NH State Forensic Laboratory refused my request on behalf of CMI, Inc.  I also have requested that the NH State Lab provide training on the Intoxilyzer 9000 for defense lawyers and again offered to pay for any costs associated and promised not to speak unless spoken to.  As a member of the NH Association of Criminal Defense Lawyers I also sought a co-ordinated training program for all NH lawyers to participate.  Again the Lab refused.

Expecting NH and CMI, Inc. to resist providing company training I  have traveled around the country to take advanced training courses on breath testing devises including the Intoxilyzer 5000, 5000 EN, 8000 and most recently on the 9000.  It is with these courses that I was able to obtain training on the science and methodology used by the Intoxilyzer 9000. 

I remain committed to learning the science and the proper protocols that are required to produce reliable results.  The extensive training that I have taken helps me to understand how to best defend a person accused of DWI.  The machines used by our government and made by a for profit corporation are not perfect and in fact they do make mistakes.  It requires work to discover how the machines work but armed with the knowledge of the machines inner workings means that you need not accept the test results as a guilty finding.  If you are charged with a DWI based on the printout from an Intoxilyzer 9000 and have doubts about the validity of the result contact me so I can review your case.

Even though NH and CMI, Inc do not want to provide the details about the inner workings, protocols and coding used there are other sources to discover the truth about breath testing and how to properly challenge the results.  I have taken the time, spent the time and invested in learning how the Intoxilyzer works and more importantly how it fails.

I 9000 Breath Capture Tube
It remains one of my goals to understand the technology and learn its limitations at the highest levels.  I  will continue to demand that NH and CMI, Inc. remove the shroud of secrecy and allow for scientific testing to be conducted.  No matter how many bells or whistles are added to a breath testing devise it is clear that they are still only estimates of blood alcohol levels.

As with all breath testing the equipment is really making an estimate of blood alcohol using a breath sample that will always be a poor substitute for actually testing blood.


There are many different substances that can interfere with a breath sample reading for alcohol.  Additionally, changes in breath temperature, pressure and many other factors can affect the precision, reliability and accuracy of a breath alcohol reading used to estimate a blood alcohol concentration.




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