According to a report from Channel 4 News, the San Antonio police department along with several other police departments across Texas are rolling out new breath-testing machines used in DWI cases. Police say The Intoxilyzer 9000—the replacement of The Intoxilyzer 5000 —is much improved from the previous model; but several people including Attorney Scharmen have questioned if this statement is true.
CMI, Inc., the Intoxilyzer 9000’s manufacturer, states that the device uses multiple infrared wavelengths, is self-calibrating, and sends results wirelessly to the Texas Department of Public Safety. Attorney Scharmen is concerned that the calibration of the new machine may be not be as accurate as CMI, Inc. claims.
Scharmen believes DWI cases can and should be dismissed if the breath test machines used are not properly maintained. He believes attorneys should have the right to see when and how these new machines are calibrated. Scharmen claims the DPS will not allow attorneys to inspect the Intoxilyzer 9000. He also claims the DPS has denied outside toxicology experts the ability to take training classes on how to operate the device.
Attorney Scharmen commented on the 9000 saying, “When a lab hides their data from me, I don’t trust that laboratory because they’re afraid to let me see their data.”
As a co-owner of a blood alcohol testing lab himself, Scharmen feels he and his clients should have the right to review the Intoxilyzer 9000’s calibration data and methods.
If you’ve recently been arrested for a DWI in San Antonio, contact Attorney George Scharmen immediately to prevent any losses of certain basic rights. Our San Antonio DWI attorneys can offer the experience and knowledge you need to help you or your loved one get the representation you deserve.