Is there a way to beat the Intoximeter?

I have never seen a method that a suspect has the ability to use to affect the proper reading of the device.  Pennies and gum don’t work.  Attorney’s can argue the accuracy of the machine due to device malfunction or operator error.  An officer must follow the procedural guidelines outlined in the California Code of Regulations, (CCR) Title 17. This code regulates the use, testing and training of machines and techniques used to measure your BAC.

There are many rules and nuances but the following are the most prevalent.

For Breath

1)     15 Continuous Observation Prior To Test Plus the Following

a.     No eating

b.     No drinking

c.     No smoking

d.     No vomiting or regurgitating

2)     2 Minutes Between Tests – Minimum of 2 Tests

3)     Can’t have a difference between the two tests greater than .02%

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