Southern Maine Criminal Lawyer BlogWhat Is the Intoxilyzer 8000?
The Intoxilyzer 8000 is a breath testing device manufactured by CMI, Inc. Maine law enforcement uses it to measure blood alcohol concentration (BAC) during OUI investigations.This machine analyzes a breath sample using infrared light technology. It estimates how much alcohol is in a person’s system. Maine adopted the Intoxilyzer 8000 to replace the older Intoxilyzer 5000. The state purchased roughly one hundred units for use across Maine.
The switch happened for a telling reason. For years, OUI defense attorneys and breath testing experts argued that the Intoxilyzer 5000 could read other substances on a person’s breath as alcohol. This produced false high BAC readings. These substances are called “interferents.” Common examples include paint fumes, carburetor cleaner, and chemicals found in beauty salon supplies. For just as many years, CMI and Maine’s breath testing staff dismissed those concerns as defense attorney gimmicks. They insisted the 5000 was specific for alcohol. They claimed it would reliably detect and subtract interferents from the final BAC reading.
Then CMI released the Intoxilyzer 8000. When New Mexico became an early buyer, the accompanying documentation made a startling admission about the old model. CMI wrote that the “INTOXILYZER 8000 overcomes the only downfall of the Intoxilyzer 5000’s method of quantifying a subject’s breath alcohol concentration. That is, when using infrared light at a single wavelength it is possible that interferents present within the breath also absorb at the selected wavelength. The effect of this of course being that abnormally high breath alcohol readings may be reported by the device.”
CMI finally admitted the flaw. But they only did so to sell a new machine they claimed fixed a problem they had always denied existed. Despite manufacturer claims of improved accuracy, the Intoxilyzer 8000 has significant reliability issues. It can still produce false BAC readings. Understanding these flaws is critical for anyone facing an OUI charge in Maine.
How the Intoxilyzer 8000 Measures Your BAC
The Intoxilyzer 8000 uses a method called infrared spectroscopy to estimate ethanol in your breath. When you blow into the machine, it passes infrared light through your breath sample inside a chamber. Ethanol molecules absorb infrared light at specific wavelengths. The machine measures how much light the sample absorbs. It then calculates your BAC based on that absorption.
The key upgrade over the Intoxilyzer 5000 is a dual-wavelength approach. The older machine measured light absorption at a single wavelength. The 8000 measures absorption at two wavelengths – approximately 3 microns and 9 microns. CMI claims this allows the machine to compare absorption ratios against the known ratio for ethanol. If the ratio does not match ethanol’s signature, the machine is supposed to flag an interferent. It either subtracts the interferent from the reading or shuts down the test.
In our experience at a three-day breath testing seminar in Toronto, we learned something important. We attended alongside forensic toxicology experts. Many scientists have serious doubts about this claim. Chemists, biochemists, and bio-engineers questioned whether the dual-wavelength method can reliably distinguish ethanol from interferents. Several experts pointed out that many common substances absorb infrared light at both wavelengths the machine uses – not just one. This means the ratio comparison may still fail to catch interferents. The machine may still report a falsely elevated BAC.
The theory behind the upgrade sounds reasonable. In practice, independent experts who study these machines remain unconvinced. CMI did not actually solve the interferent problem it denied for decades.
Why Intoxilyzer 8000 Results May Be Inaccurate
Several factors can cause the Intoxilyzer 8000 to produce unreliable BAC readings. These go beyond the interferent issue. They include problems with the testing process itself.
Interferent Contamination
Many substances absorb infrared light at the same wavelengths the Intoxilyzer 8000 uses to detect ethanol. Common interferents include acetone on the breath of diabetics, isopropanol, paint fumes, and gasoline vapors. D-Limonene is found in cleaning products. Chemicals like 2-Butoxyethanol appear in products ranging from cosmetics to industrial paint. People who work around these chemicals may carry elevated levels. Beauticians, janitors, mechanics, and painters may be affected. The machine reads these levels as alcohol. Despite CMI’s claims, experts dispute whether the dual-wavelength system reliably catches these false readings.
Mouth Alcohol Contamination
Residual alcohol in the mouth can dramatically inflate a breath test result. This can happen after recent belching or acid reflux (GERD). It can also happen after use of alcohol-based mouthwash. Mouth alcohol sits in the oral cavity and gets blown directly into the machine. It bypasses the deep lung air the test is designed to measure. We have represented clients in Maine whose Intoxilyzer 8000 readings were inflated. The cause was residual mouth alcohol from acid reflux. After we challenged the test results, those charges were ultimately reduced.
Observation Period Failures
Under Maine Bureau of Highway Safety regulations, officers must observe the subject for 15 minutes before administering the breath test. During this time, the subject should not eat, drink, smoke, belch, or place anything in their mouth. This “deprivation period” allows mouth alcohol to dissipate. If the officer looks away, leaves the room, or fails to monitor closely, the observation period may be invalid. The test results may be invalid as well.
Calibration and Operator Errors
The Intoxilyzer 8000 requires regular calibration to produce accurate readings. If maintenance schedules are missed or calibration checks fall outside acceptable ranges, results may be unreliable. The officer administering the test must also be properly certified. The officer must follow correct procedures. Failure at any step can compromise the reading.
Breath Temperature Variation
The machine assumes breath exits the body at a standard temperature of 34°C. In reality, breath temperature varies from person to person. It can be affected by fever, physical exertion, or environmental conditions. A breath sample even one degree warmer than the assumed standard can inflate the BAC reading by roughly 6 – 8%. The machine does not measure or adjust for actual breath temperature.
How to Challenge Intoxilyzer 8000 Results in Maine
An experienced OUI defense attorney can challenge Intoxilyzer 8000 results on multiple fronts.
Discovery of Machine Records
Under Maine discovery rules, defense counsel can request maintenance logs, calibration records, and software version documentation. These records are for the specific Intoxilyzer 8000 unit used in your test. These records may reveal missed calibrations, error codes, or patterns of unreliable readings from that particular machine.
Operator Certification Challenges
The officer who administered your breath test must hold current certification. If the officer’s training lapsed, or if the officer failed to follow protocol during the test, a defense attorney can move to suppress the breath test results.
15-Minute Observation Period
Maine’s 15-minute deprivation period exists to prevent mouth alcohol contamination. If the officer did not properly observe you for the full period – or was distracted during it – the results may be challenged as unreliable.
Source Code Challenges
CMI has historically refused to disclose the proprietary software source code that runs the Intoxilyzer 8000. Some jurisdictions have successfully challenged breath test results by demanding access to this code. Without reviewing the source code, neither the defense nor independent experts can verify that the machine’s software functions as claimed.
Independent Blood Testing
Under Maine’s implied consent statute, drivers have the right to request an independent blood test. Blood tests analyzed by an independent laboratory can provide a more accurate BAC reading. They may contradict a flawed breath test result.
At Webb Law Firm, we have years of experience challenging breath test evidence in Maine OUI cases. We work across York County and Cumberland County courts. We work with forensic experts who can evaluate the specific circumstances of your test. These experts can testify about the machine’s limitations.
Speak With a Maine OUI Defense Attorney About Your Breath Test
Facing OUI charges based on a breath test result can feel overwhelming. But Intoxilyzer 8000 results are not infallible. These machines can and do produce inaccurate readings. Those results can be challenged.
Webb Law Firm has attended national breath testing seminars. We work with forensic toxicology experts to identify flaws in breath test evidence. We understand the science behind the Intoxilyzer 8000. We understand the procedures Maine officers must follow when administering the test.
If you were charged with OUI in Maine based on a breath test, contact Webb Law Firm for a consultation. Every case is different. The specific facts of your stop, observation period, and test administration could make the difference. Results depend on the circumstances of your case.
Frequently Asked Questions
What is the Intoxilyzer 8000 and how does it work?
The Intoxilyzer 8000 is a breath testing device made by CMI, Inc. Maine law enforcement uses it to estimate BAC during OUI stops. It passes infrared light through a breath sample at two wavelengths and measures how much light ethanol molecules absorb. The machine then calculates an estimated blood alcohol level based on that absorption.
Can Intoxilyzer 8000 results be wrong?
Yes, Intoxilyzer 8000 results can be inaccurate. Interferent contamination, mouth alcohol from acid reflux or belching, improper calibration, operator error, and breath temperature variations can all cause the machine to report an inaccurate BAC. Forensic experts have questioned whether the machine reliably distinguishes ethanol from other substances.
What substances can cause a false positive on a breath test in Maine?
Common interferents include acetone from diabetic conditions, paint fumes, gasoline vapors, isopropanol, and cleaning solvents containing D-Limonene. Chemicals found in beauty salon and automotive products can also cause false positives. Alcohol-based mouthwash and acid reflux can also produce falsely elevated readings. Issues related to drugged driving may also involve similar testing concerns.
Can I refuse a breath test during a Maine OUI stop?
Maine has an implied consent law. By driving on Maine roads, you have implicitly consented to chemical testing. Refusing a breath test may result in an automatic license suspension and can be used against you in court. You should consult an attorney about the specific consequences in your situation.
How can a lawyer challenge my Intoxilyzer 8000 results?
A defense attorney can challenge results by requesting the machine’s calibration and maintenance records. The attorney can question the officer’s certification and compliance with the 15-minute observation period. The attorney can raise interferent contamination issues and demand access to the machine’s source code. An independent blood test may also contradict the breath test reading.