So, what is the Intoxilyzer 9000? This is a new breath test device that is being transitioned into use in Texas. This new unit will eventually replace the decades old Intoxilyzer 5000. The new device will be used in the prosecution of drunk driving cases. However, as the machine is new and being transitioned in, it is still plagued with problems including software issues and bugs. Clearly, this is cause for concern as it may lead to wrongful convictions for DWI.
It works like this. Say you are arrested for suspicion of drunk driving in Walker, Harris, or Montgomery Counties. Typically, the arresting officer will ask you if you wish to provide a breath or blood sample. On a first offense, the penalty for refusal of one of the two tests will result in a 180 day Texas driver’s license suspension versus a ninety-day suspension for those that comply. Lately, most officers have opted for blood over breath due to the problems with the old Intoxilyzer machines. By the way, it’s the officer’s choice not yours as to the breath or blood election. Many people are confused by this distinction. People say, I offered to give breath in lieu of blood because I am afraid of needles. Too bad, that’s considered a refusal.
In Georgia, the new Intoxilzer 9000 recorded seventy-four tests in the first two month in one area. Of the seventy-four tests, fifty-one of the tests generated error messages. In other words, a brand-new machine was wrong almost seventy percent of the time. When you are prosecuting someone for DWI or any other crime for that matter, any error is unacceptable.