Roy Weddleton
  Concord, NH 03301
(603) 228-1360 • roy@granitelaw.com

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Does The Intoxilator 5000 Discriminate?

Women no longer have to cry.  Many believe that when a woman is stopped for speeding or for some other offense, all she has to do is cry and no ticket will be written.  However, that may not be necessary for DWI.  Recently, in Georgia, two female drivers were acquitted on the basis that the Intoxilator 5000 (the breathalyzer machine) discriminates against women.  The basis is that men and women metabolize alcohol differently.  It is being accepted more and more that the breathlyzer machine makes a bunch of assumptions about the person being tested and does not, and cannot, take into account individual differences.  Basically, the breathalyzer machine is designed to test the average white male and it includes a mathematical assumption that the ratio of alcohol in the blood to the alcohol in a person's deep lung air or breath is 1200 to 1.  Again, it is assumed that this assumption never changes and is the same for every single person on the face of the earth.  To prove this in court would be expensive because an expert would be needed to conduct separate tests with a control group.  It is a defense that I do not believe has been tested here in New Hampshire.

If you have questions or want additional information,
call Attorney Weddleton at 603-228-1360 or e-mail him roy@granitelaw.com.
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