The Intoxilyzer 9000 (part 1)

KLAW Blog · March 15

The Intoxilyzer 9000 (part 1 of 2)

Roll-Out

The Michigan State Police (MSP) initiated Intoxilyzer 9000 (Intoxilyzer) training for police officers statewide, commencing in 2023. In order to participate, officers were required to complete both preliminary breath test (PBT) operator certification and PBT calibration certification.

Then officers were required to complete a PowerPoint training before attending a two-hour hands-on training session in person with MSP.

In July 2023, MSP commenced the installation of the Intoxilyzer at each jail or police agency that possessed a DataMaster DMT (DataMaster) and replaced the existing machine. By mid-October 2023, the new device was expected to be installed in all areas of the state.

Technical Differences

The DataMaster utilizes a pair of filters to effectively differentiate ethanol (the sought-after consumable alcohol by the police) from other organic compounds.

The narrow bandpass optical filters, centered at 3.44 microns, are strategically designed to isolate the specific wavelengths of light absorbed by alcohol and effectively block out any other interfering wavelengths. These filters, placed in the optical path, ensure accurate measurement of the unknown substance by precisely filtering out unwanted light.

However, it is worth noting that methanol and acetone can also be absorbed at the 3.4 micron level, meaning that the device may potentially register acetone or methanol as ethanol. This issue becomes particularly critical for individuals with diabetes who are experiencing ketoacidosis, as they tend to have acetone present in their airways.

The Intoxilyzer has four filters, including one in the 9 micron level, where ethanol and acetone do not appear. This should mean the Intoxilyzer is better able to filter out acetone and methanol.

However, because CMI, Inc. (CMI), the company that sells the Intoxilyzer, will not sell an Intoxilyzer to any entity other than law enforcement, this principle cannot be tested.

The Intoxilyzer’s filters utilize pulsed infrared technology, effectively eliminating the need for chopper motors or mechanical filters in the analytical system. Instead, it employs a digitally controlled pulsed infrared source, eliminating the use of moving parts and thus enhancing the durability of the filter mechanism, ensuring long-lasting performance.

In addition, the DataMaster used a quartz internal standard to make sure the machine remained in calibration. Quartz is a stable material with a known absorption rate.

The DataMaster would move a thin quartz plate in front of the infrared beam and the machine would compare the absorption to the known absorption rate at its initial calibration. If it was within tolerance, the DataMaster would report, “internal standard verified.”

The Intoxilyzer has done away with the quartz internal standard in favor of an actual dry-gas test to verify that the machine remains in calibration.

While CMI touts the dry-gas test as a better internal standard, there are two issues that may make it not as good as a constant standard like the quartz plate.

First, the dry gas is supposed to be measured at 0.08, but the Intoxilyzer allows any result between 0.074 to 0.084 to verify the machine’s internal standard.

The target of 0.08, which is affected by changes in barometric pressure, is addressed by the dry-gas test through an automated adjustment process. This adjustment is made using an algorithm including a correction factor based on the barometer reading at the time of the test.

Go to Toxilyzer 9000 (part 2)

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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