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Minnesota DUI Attorney David Risk Now Certified Technician for Intoxilyzer 5000

(PRLEAP.COM) Minneapolis - The Caplan Law Firm, P.A. is proud to announce that on January 29, 2007, Criminal Attorney David Risk has become a Certified Evidentiary Breath Alcohol Technician for Intoxilyzer Models 5000, S-D2, S-D5 & 400.

A Minnesota DUI and DWI Attorney, Risk successfully completed the Intoxilyzer Breath Alcohol Testing course and has become one of the first Minnesota criminal defense attorneys who have obtained the same education as the experts who testify for the Minnesota Bureau of Criminal Apprehension in DWI trials. The course addressed the history and principles of breath alcohol testing, Intoxilyzer 5000 principles of operation, pharmacokinetics of alcohol, roadside screening devices (preliminary breath test or PBT), component systems of the Intoxilyzer 5000, Intoxilyzer 5000 operations, accuracy of the Intoxilyzer 5000, and specificity & interferents.

"Having David Risk, an attorney within our firm, who is a certified Intoxilyzer 5000 expert has helped tremendously in challenging intoxilyzer test results for our clients.” said Allan Caplan, Principal of Caplan Law Firm. “Erroneous test results may be suppressed so that they cannot be used at trial. Getting the test results suppressed weakens the prosecutor’s case and makes it impossible for them to win."

Participants also ran tests on the Minnesota model of the Intoxilyzer 5000EN with the same source code that is used by the police in the State of Minnesota. Not surprisingly the machine did not work as advertised. Among the machine’s failures:

1. It did not detect mouth alcohol. This results in a reported breath alcohol concentration much higher that the person’s actual alcohol concentration. Those with gastric reflux issues (G.E.R.D.) or who burp or belch before giving a sample are not treated fairly and may be unfairly accused of having an alcohol concentration well over their actual alcohol concentration. The State has claimed that the machine’s "slope detector" will flag such a problem, but the detector does not work as claimed. In fact, top forensic scientists agree that these devices are entirely unreliable and cannot be relied upon to prove guilt in a DWI case.

2. The Intoxilyzer 5000 does not subtract interferents such as Isopropanol and Acetone. These compounds have a similar molecular structure as alcohol. Although the machine may identify the presence of such substances, it does not fully subtract the amount of the added "alcohol" on the driver’s breath. Those with diabetes or who have endured prolonged exposure to such substances as paint fumes, solvents and numerous chemicals can be adversely affected.

3. Attorney David Risk maintains that the machine can be greatly affected by the manner in which the subject blows into the Intoxilyzer. By hyperventilating, blowing at a minimal rate and giving a minimal volume of air, a person can lower the reported alcohol concentration by at least 50%. Many times officers attempt to obtain the highest reading by having the person hypoventilate and completely empty their lungs before blowing. This will raise the reported alcohol concentration by as much as one-third.

The Caplan Law Firm, P.A., recognized as a top Minnesota criminal defense and Minnesota DUI law firm, has successfully represented numerous clients throughout Minnesota and the Minneapolis St. Paul area in a wide range of criminal matters.

For more information, please call (612) 424-5446.

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