Are the secondary breath testing machines accurate?
Many factors can affect the results of the secondary breath test. West Virginia approved the use of a new DUI breath testing machine, the Intoximeters, Inc. EC/IR II, in 2003 and it is now in use in all 55 counties of the state. The old machine, the Intoxilyzer 5000 CD/FG5, made by CMI, Inc, is no longer in use, although it is still on the list of approved machines. While the EC/IR II is a new machine, it’s fuel cell technology is actually quite old and still does not allow the police to fully discriminate between drinking alcohol (ethanol) on a person’s breath and other substances which may be present. In fact, any low molecular weight alcohol besides ethanol will be read by the EC/IR II. Although it is not specific to breath alcohol analysis, a good article on what a fuel cell is and how it works can be viewed here. The manner in which the machine is maintained and the manner in which the test is conducted can also affect the results. The best way to challenge the results is to hire
