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Where were you arrested? A DUI is a state offense, but each jurisdiction handles them slightly differently.

Arizona's Breath Testing Machine: The Intoxilyzer 8000

In Arizona, there is only one type of breath testing machine that is admissible in a DUI case -- the Intoxilyzer 8000. It is produced by a Kentucky company called CMI. In my opinion (and many others' opinions), this machine is not a very good breath testing device, as it often gives inflated (or higher) results than it should when testing a person's BrAC (breath alcohol content). Why then is it the only breath testing machine that the police can use in Arizona? Why can't the police use one of the significantly better alternatives available on the market? Could it be an example of state government at its worst?

It turns out that the woman that the State of Arizona tasked with setting up the selection requirements for a breath testing machine for Arizona (so that a bidding process could take place) just happened to be married to a sales rep for CMI. The very same company that manufactures the Intoxilyzer 8000 breath testing machine. As a result, it is highly speculated that she created random requirements that only one company could meet - and guess which company that was? In the end, CMI got the bid. Now you know why the CMI's Intoxilyzer 8000 breath testing machines are the only breath test machines used in Arizona.

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We have a very similar situation in Ohio with close ties to CMI by the individual assigned the task to select a BAC instrument for use in Ohio.

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