Machines and Blows
Nearly every state in the U. S. relies on use of a breath testing machine in connection with prosecution of DUI cases. We have compiled this list of breath alcohol testing machines and basic protocols used across the country. While the list is not complete, we are working to add information on a regular basis.
Breath alcohol testing technology is an inexact process, and one that is prone to numerous flaws. One of the DUI defense attorney’s biggest hurdles, though, is communicating the extent of those flaws to jurors. The variety of breath alcohol testing machines available and in use demonstrates that each different manufacturer is trying to do it better than the next company. The different products use different processes to analyze breath alcohol samples and most claim to be more effective than the others. We believe this disparity between the products and their respective analysis processes emphasizes the points that no single manufacturer has it quite right and that the “technology” for converting a breath sample to a blood alcohol value is still unsettled.
| STATE | BLOWS | COMMENTS |
|---|---|---|
| AK | 1 | Datamaster CDM. 15 minute observation period before test. |
| AL | 2 | Drager Alcotest 7110. Both blows must be within .02 of each other and must come within one three minute breath test sequence. 20 minute deprivation period before test. |
| AR | 1* | Datamaster. Law allows 2 blows, 1 is the norm. Second blow is entirely at officer’s discretion and lower result is the one required to be reported. |
| AZ | 2 | Intoxilyzer 5000 (64-, 66-, 68-), 8000. Two blows no less than 5 minutes, no greater than 10 minutes apart, within .02 of each other. |
| CA | 2 | Multiple machines - Intoxilyzer 5000, 8000; Intoximeters EC/IR; Drager ePAS, 7410; Datamaster. Two blows within .02 of each other or a third test is required - no time limit. |
| CO | 2 | Intoxilyzer 5000EN. Two breath samples with a .02 agreement required. |
| CT | 2 | Intoxilyzer 5000 (68, EN). Each blow preceded by a 15 minute observation period, with both blows being thirty minutes apart. |
| DC | 2 | 5000EN. Breath samples are taken within 10 minutes of each other following a 20 minute observation period. Capitol Police Department requires both samples to be within .02 of each other. |
| DE | ||
| FL | 2 | Intoxilyzer 5000, 8000. Unlimited time and number of tests to get two within .02 of each other. 20 minute observation period before test by administrative regulation. |
| GA | 2* | Intoxilyzer 5000 (68-). Two blows required by statute and must be within .02 of each other; if one adequate sample provided, no refusal penalty for refusing second blow and state will proceed on basis of one blow. No prescribed time limits in which to obtain both samples, but machine’s software takes two minutes between tests. 20 minute observation period set forth in machine manual, but caselaw opines that any variance goes only to weight, not admissibility. |
| HI | 1 | Intoxilyzer 5000 (EN); Intoxilyzer 8000 in approval process. 15 minute observation period before test. |
| IA | 1 | Datamaster CDM. 15 minute observation period before test. |
| ID | 2 | Intoxilyzer 5000 (66-, 68-). Blows must be within .02 of each other or a third blow is required. Blows must occur within two minutes following a 15 minute observation period. |
| IL | 1 | Intoxilyzer 5000 (64-, 66-); Intoximeter EC/IR (EC/IR II coming soon), RBT IV. 20 minute observation period before test. |
| IN | 1 | BAC Datamaster. 20 minute observation period before test. Arresting officer may elect blood, breath, or urine with as many tests of each as he chooses and failure to submit to any deemed a refusal. No right to independent test. |
| KS | 1 | Intoxilyzer 5000 (66- ) currently in use as well as Intoxilyzer 8000. 8000 is in early stages of a two year phase-in to replace the 5000. 20 minute observation prior to test. |
| KY | 1 | Intoxilyzer 5000EN. 20 minute observation period before test. |
| LA | Intoxilyzer 5000EN. | |
| MA | 2 | Draeger 7110 MK III-C. 15 minute observation/deprivation period before test. No statutory time limit for samples to be provided but machine cycle normally 2 - 3 minutes. Samples must be within .02 of each other. |
| MD | 2 | Intoximeter EC/IR. Blows must be within .02 of each other or a 3rd is required. If 3rd blow does not achieve .02 margin, all tests deemed invalid. Machine software requires blows to occur within 3 minutes of start of test sequence. 20 minute observation period before testing. |
| ME | 2 | Intoxilyzer 5000 EN. Four attempts permitted to get two results within .02 of one another. |
| MI | 2* | Datamaster. Regulations require two blows, 2nd coming at least two minutes after first, but courts have opined only one is necessary for “validity” so two blows not commonly seen. 15 minute observation period prior to 1st test, and 1st result must come within 2 minutes after initiation of test sequence. |
| MN | 2 | Intoxilyzer 8000. 2 breath samples must be taken within 15 minutes of one another following a 20 minute deprivation period. |
| MO | 2* | Intoxilyzer 5000, Datamaster. Officer may require 2 breath samples, but common practice is for 1. Implied Consent advisement does not inform that two tests are required, nor does it advise that if two are requested and only one is provided, suspension for refusal will occur. No agreement is required between the two tests if two are administered. 15 minute observation period before test. |
| MS | 2 | Intoxilyzer 8000 |
| MT | 1 | Intoxilyzer 5000 (68-). 15 minute observation period before test. |
| NC | 2 | Intoximeter EC/IR II. Blows must be within .02 of each other. 15 minute observation period before test. |
| ND | ||
| NE | 1 | Datamaster CDM, Intoximeters 3000 also approved. |
| NH | 2 | Intoxilyzer 5000EN. Both blows must be within .02 of each other. If not, additional tests occur until two within .02 are achieved. Breath sample captured for independent retest. 20 minute observation period before test. |
| NJ | 2 | Alcotest 7110 MK IIIC - 2 tests at least 2 minutes apart. 20 minute observation period by caselaw |
| NM | 2 | Intoxilyzer (8000, 5000), RBT IV. 2 breath samples must be taken within 15 minutes of one another following a 20 minute deprivation period. |
| NV | 2 | Intoxilyzer 5000EN. Samples must be within .02 of each other or a 3rd sample is obtained. If that does not fall within limits, blood draw authorized. If suspect fails to provide additional samples, 1st may be used, but forced blood draw is then permissible. No prescribed time limit to obtain samples, but 3rd and 4th must be within 2 hours for per se charge. |
| NY | 1 | Draeger 9510, Datamaster DMT. 15 minute observation period before test by administrative rule, but 20 minute period typically used across entire state. |
| OH | 1 | Datamaster, Datamaster CDM, Intoxilyzer 5000 (66-, 68-, EN), 8000. 20 minute observation period before test. |
| OK | 2 | Intoxilyzer 5000 (66-, EN). Both blows must be within .03 of each other and lowest value is used. All results go to 2 decimal points only. 15 minute observation period before test. |
| OR | 1* | Intoxilyzer 5000 (68-). 15 minute observation period prior to test, and observation must extend through full completion of sampling process. *Intoxilyzer 8000 being implemented and will require two blows, two minutes apart with samples being within 10% of one another. |
| PA | 2 | Intoxilyzer 5000 (all models), BAC Datamaster. 20 minute observation period before test. No specified time between breath samples. Breath samples must be within .02 of each other. Emerging movement towards blood testing. |
| RI | 2 | Intoxilyzer 5000. Both blows must be 30 minutes apart. |
| SC | 1 | Datamaster. Entire breath test process must be videotaped, including implied consent warning and 20 minute observation period prior to test. |
| SD | ||
| TN | 1 | Intoximeters EC/IR and EC/IR II and, to a limited extent, Intoxilyzer 1400 |
| TX | 2 | Intoxilyzer 5000 EN. 15 minute observation/deprivation period before test. Breath samples must be given within three minutes of each other and must be within .02 of each other. |
| UT | 1 | Intoxilyzer 5000, 8000. 15 minute observation period before test. |
| VA | 2 | EC/IR-II. A two-sample protocol. Blows must be within .02 of each other or a third blow is required and two of the three must be within .02. 20 minute observation period before test. |
| VT | 1 | Datamaster. 15 minute observation period before the test is a byproduct of both common law and regulation. |
| WA | 2 | Datamaster and Datamaster CDM |
| WI | 2 | Intoximeters EC/IR. Both blows must be within .02 of each other. 20 minute observation period prior to testing. |
| WV | 1 | Intoximeters EC/IR II. 20 minute observation period prior to testing. |
| WY | 2 | Intoximeters EC/IR. Three tries to get two blows within .02 of each other. 15 minute observation period prior to testing. |
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