Kansas and Missouri Breath Alcohol Tests

Legal challenges to breathalyzer results in Kansas and Missouri

Most drunk driving cases are based on the results of a breathalyzer. Drivers who refuse a breathalyzer face routine license suspensions. At the Burmaster Law Firm we concentrate on DUI / DWI defense in the Kansas City metro area. We fight for the rights of drivers in Kansas and Missouri.

If you failed a breath test and have been charged with drunk driving, we can help. We have challenged inaccurate and false-positive breathalyzer results in municipal and county courts for over 12 years. Contact our Overland Park law office to arrange a free initial consultation.

Should I call my lawyer before I blow?
In Kansas this is not an option. You will have to decide whether or not to blow based upon how much you have had to drink and of course your record. In Missouri, you may request to call an attorney first. Often, police will not tell you that you have this option to call a lawyer. We recommend you exercise this option and call an experienced DUI / DWI attorney. If you cannot reach an attorney right away, you will have to decide for yourself whether or not to blow.

Preliminary Breath Tester (PBT)
This is a preliminary testing device used by officers to help decide whether or not to arrest a driver. A PBT is a hand-held device about the size of a hand-held tape recorder or a remote control. There are three or four types of PBTs used by police. Most sound like a kazoo when you blow into them.

Drivers who refuse to blow are generally fined. But refusal of the PBT test is not a moving violation. The PBT can be extremely inaccurate. At the Burmaster Law Firm, we generally advise clients not to trust this device. A poor reading on the PBT can result in arrest, even if you do well on the field sobriety tests, or even if you refuse the other field tests.

Intoxilyzer® and other Breath Machines
Unlike the PBT, the Intoxilyzer is a much bigger machine. It is about the size of a large electric typewriter. Usually kept at the police station, it can be brought into the field for checkpoints or in a mobile van. The Intoxilyzer - referred to by some as the Intoxi Liar - can also be highly inaccurate. However, there are penalties for refusing to blow into this machine.

There are a number of different Intoxilyzer machines used to test drivers' alcohol level. The machines are designed to test alcohol in a person's breath and calculate the alcohol in a person's blood. Most operate on the same principles and can be attacked in court for many of the same weaknesses.

Breath test machines are highly inaccurate methods for testing alcohol content. Hospitals and scientists do not rely on them. However, they are cheap. So the government usually relies on them instead of getting a more accurate, but more expensive, blood test.

• Intoxilyzer 5000
  Until recently, this was the most common machine in use.  It is now being replaced with the Intox 8000 in Kansas. The 5000 is more accurate than many machines in use, but it is still not very reliable. The 5000 must be meticulously maintained and used under ideal conditions. The results can be affected by radio frequency interference, computer error, and poor maintenance. The accuracy of the machine can also be affected by blood in the mouth, alcohol gas trapped by dental work, and many other factors.
• Intoxilyzer 8000  a newer version of the 5000 that relies on dry gas instead of an external solution to test the machine.
• Datamaster
  This machine is made by a different company than the 5000, but is susceptible to many of the same problems. It is not as widely used as the 5000, but can be just as damaging in court. A skilled DUI / DWI lawyer can usually challenge its results.
• Intoximeter®
  Sometimes called the Dial-A-Drunk, it is susceptible to manipulation by the operator and is therefore very unreliable. This machine is rarely used today, but sometimes turns up in rural counties.

Our Overland Park drunk driving defense law firm offers free initial consultations for people who failed breath tests. Contact us to learn about Kansas and Missouri breath alcohol tests.