DUI DWI DRE: Impaired Driving Lawyer

Courts | Instruments   

 

 

The Naked Intoxilyzer 5000C

(see also The Naked Intoxilyzer 8000C)

Click on an area of the Intoxilyzer image below to get more information about the Intoxilyzer 5000 used in the U.S.A and the Intoxilyzer 5000C used in Canada. The Intoxilyzer 5000C is an "approved instrument" in Canada used in Ontario DUI, Ontario over 80, Ontario impaired driving, and Ontario refusal to provide a breath sample cases. It is a criminal offence in Canada to refuse a proper Intoxilyzer demand. This is probably so even if the particular Intoxilyzer 5000C may not be functioning properly. However, whether or not the Intoxilyzer 5000C is functioning properly or the maintenance data on the Intoxilyzer 5000C may be important to your defence if you are attempting to contradict the readings on the Intoxilyzer 5000C by challenging whether the qualified technician followed proper protocol using the approved instrument Intoxilyzer 5000C. Your lawyer may wish to retain the services of a toxicologist or forensic technologist to give an opinion about the operation and maintenance of the Intoxilyzer 5000C.

Toronto DUI lawyers may wish to obtain disclosure of records of maintenance of Toronto Police Intoxilyzer 5000C's to determine if the particular Intoxilyzer 5000C has been properly serviced by officers of Toronto Police Service. Toronto DUI Courts are used to hearing evidence from Toronto Police officers respecting the maintenance and calibration of their own Toronto Intoxilyzer 5000C instruments. Toronto DUI lawyers will study disclosed ADAMS data which includes stand-alone calibration checks of the specific Toronto Intoxilyzer 5000C, stand-alone diagnostics checks of the Toronto Intoxilyzer 5000C, operational errors of the Toronto Intoxilyzer 5000C, and subject tests on the Toronto Intoxilyzer 5000C. A list of Toronto Intoxilyzer 5000C's can be found at the BAC Instruments Database: Intoxilyzer 5000C. Each Toronto Intoxilyzer 5000C has a unique personality and history. Your Toronto lawyer will help you determine if you have a defence to an over 80 or impaired driving charge.

Toronto Police Service has a unique programme for maintenance and re-calibration of it's Intoxilyzer 5000C's. Other Ontario police services generally send their instruments to the factory authorized service centre, Davtech in Ottawa.

Discussion questions: 

  1. Should police officers employed by Ontario police services outside of Toronto be permitted to open the cases of their Intoxilyzer 5000C's to make "minor adjustments" to the interior of the instrument or should all interior repairs and maintenance be conducted and re-tested by the factory authorized service centre? 

  2. Should police officers employed by Ontario police services outside of Toronto be permitted to open the cases of their Intoxilyzer 5000C's to upgrade the EPROM to a new firmware version? Should they be permitted to install hardware printer and transformer upgrades?

  3. Can the printer board be upgraded by replacement of individual electronic components, or should a new board be installed together with the new transformer and printer?

  4. What are the source code differences among Ontario's 3 different Intoxilyzer 5000C versions?  

Note: Photo of Intoxilyzer 5000 similar to 5000C instrument

Click on an area of the photo

 

Defence lawyers can learn more about how the Intoxilyzer 5000C operates by taking an online course:

Basic course: This course is good for those who want to know the basics of DUI defence and start to prepare for cross-examinations of breath techs under Bill C-46.
"How Do I Fight a DUI charge? Attorneys and Lawyers in Canada"

Intoxilyzer Sequences Course: If you can't take one of my in-office hands-on courses using Intoxilyzers, this is the best substitute. The focus is on the command sequences and proper operator procedure:
"Defense of a DUI Breathalyzer Charge by an Ontario Attorney"

Wet-bath Simulators Course: Under Bill C-46 our defences will be limited. Our focus will often be on the control tests and air blanks. Intermediate level students need to build a good grasp of how the wet-bath simulators are used in Ontario and how the dry gas alcohol standard is used in western Canada.
"DUI Defence in Canada: wet-bath simulator alcohol standard"

 

Notes:

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This site is designed to encourage fair professional discussion among police officers,  lawyers, toxicologists, and judges respecting the appropriate use of these instruments. Please report any inappropriate or unfair comments forthwith to biss@lawyers.ca.
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Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.
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Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A are "approved instruments" in Canada.
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Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC is an "approved screening device" in Canada.

 

 

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