USE OF THE INTOXILYZER 5000 IN NORTH CAROLINA
If you have been charged with Driving While Impaired (DWI / DUI) in North Carolina in the last several years, you likely were asked to provide a breath sample to be analyzed with an Intoxilyzer 5000 or an Intoximeter EC/IR – II. The Intoxilyzer 5000 is an infrared spectrophotometer used to analyze the concentration of alcohol (ethanol) in an individual’s body. Its replacement by law enforcement, the Intoximeter EC/IR – II, uses principles of gas chromatography. What the machines share in common is that they aren’t perfect. Law enforcement has made numerous changes to how they measure BAC (blood-alcohol content) over the years, and while technology improves, the various devices fail to deliver perfectly reliable results.
However, the results generated from each machine are admissible in North Carolina courts as evidence of intoxication during DWI trials. The State’s case against you may be dependant upon their admission of evidence against you. When problems occur in the administration of these tests, it can render the test as unreliable or inadmissible. Understanding how the machine operates is often a critical aspect of determining if there were problems in the administration of the test. Mr. Wesley Everett, of Everett Law Firm, P.A., earned a Bachelor of Science in Chemistry from the University of North Carolina in 1987, and is uniquely qualified to evaluate the scientific principles utilized in the administration of the Intoximeter EC/IR – II, or Intoxilyzer 5000.