Breath Alcohol Testing in New Hampshire

Intoxylizer 5000EN – from manufacturer’s website. The Intoxylizer 5000EN is a machine which is designed to obtain a sample of the subject’s breath. The machine uses infrared spectroscopy to evaluate the breath and molecules in it, potentially identifying the presence of alcohol in the breath. The computer program inside the Intoxylizer then multiplies the amount of alcohol in a DUI subject’s breath sample 2100 times to get the corresponding blood alcohol concentration (BAC). This calculation is performed based on the assumption that every person has 2100 units of alcohol in his/her blood for every unit of alcohol in his/her breath. This is called the “partition ratio”. Unfortunately, this ratio is only an average. Actual partition ratios vary from as low as 900:1 to as high as 3500:1. And, if an individual’s partition ratio was different than the assumed 2100:1 partition ratio set by the Intoxylizer, the BAC result will be different. In New Hampshire, the Intoxylizer 5000EN is the only post-arrest breath testing device approved to obtain a sample of the defendant’s breath. The Intoxylizer 5000EN captures a second breath sample in a test tube which is provided to you. That “second sample” may then be evaluated by an independent laboratory, of your own choosing and at your own expense. Independently testing the “second sample” is critically important and a valuable tool in assessing the accuracy of the reported value of the Intoxylizer 5000EN. The machine is measuring breath and using inferential science to correlate that to your blood alcohol concentration.

An experienced DWI lawyer knows the machine, its operation protocols and how to best represent you in this situation. There are other factors that may also affect your BAC reading, such as gender, body composition, or being a diabetic. Having a knowledgeable attorney on your side can make all the difference!