DUI DWI DRE: Impaired Driving Lawyer

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The Naked Intoxilyzer 8000C

(see also The Naked Intoxilyzer 5000C)

 The Intoxilyzer 8000C 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 8000C may not be functioning properly. However, whether or not the Intoxilyzer 8000C is functioning properly, the maintenance data on the Intoxilyzer 8000C may be important to your defence if you are attempting to challenge the readings on the Intoxilyzer 8000C by challenging whether the qualified technician followed ambient test and control check proper protocol using the approved instrument Intoxilyzer 8000C. 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 8000C.

DUI lawyers may wish to obtain disclosure of records of maintenance of Police Intoxilyzer 8000C's to determine if the particular Intoxilyzer 8000C has been properly serviced by officers of the Police Service. DUI Courts are used to hearing evidence from Police officers respecting the maintenance and calibration of their own Intoxilyzer 8000C instruments. DUI lawyers will study disclosed or Court-ordered COBRA data which includes stand-alone calibration checks of the specific Intoxilyzer 8000C, stand-alone diagnostics checks of the Intoxilyzer 8000C, operational errors of the Intoxilyzer 8000C, and subject tests on the Intoxilyzer 8000C.  Each Intoxilyzer 8000C has a unique personality and history. Your lawyer will help you determine if you have a defence to an over 80 or impaired driving charge.

 

Discussion questions: 

  1. Should police officers employed by Ontario police services be permitted to open the cases of their Intoxilyzer 8000C's to make repairs to the interior of the instrument or should all interior repairs and maintenance be conducted and re-tested by the factory or the factory authorized service centre? 

  2. Should police officers employed by Ontario police services be permitted to upgrade their own 8000Cs to a new firmware version? 

  3. Should anyone other than the factory change the calibration curve of the instrument?   

  4. Should Measurement Canada inspect these instruments at regular calibration intervals and provide metrological supervision of police?

 

Opened Case of 8000 Showing Main Circuit Board

The Naked Intoxilyzer 8000

 

Intoxilyzer 8000 Sample Chamber

 

End of Sample Chamber on Intoxilyzer 8000:

 

Detector at End of Sample Chamber on Intoxilyzer 8000:

 

Intoxilyzer 8000 Interior:

 

Intoxilyzer 8000 Tubing and Pumps:

 

Simplified Explanation of Intoxilyzer 8000C Factory Calibration:

 

 

Defence lawyers can learn more about how the Intoxilyzer 8000C 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® 8000C 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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