San Diego DUI attorneys are often told the San Diego Sheriff's Dept., San Diego CHP, Oceanside PD, Carlsbad PD, Chula Vista PD and other agencys' breath test machines (Intoximeters Inc. EC/IR) are difficult to blow into.

San Diego DUI attorney Rick Mueller has some interesting correspondence between the US Dept. of Transportation (NHTSA) and Intoximeters Inc. President regarding this problem. www.sandiegodrunkdrivingattorney.net/articles

Intoximeters Inc. sent a letter to NHTSA requesting that US Dept. of Transportation agency to consider the fact that not all people are able to provide a sufficient breath sample.

They even gave "unfamiliarity with the testing device on the part of the test subject" as a reason for failure. They follow with the comment that on repeated attempts, the person may feel embarrassed.

A switch from an Intoxilyzer to the EC/IR will show a huge learning curve as the police learn how to ASK for the sample. They have to quit saying "Blow Harder", quit telling people it is like blowing up a balloon.

Many states have about a year with high insufficient breath claims and refusal rates when the EC/IR was first introduced.

When a San Diego DUI arrestee is arrested for a San Diego DUI and the San Diego county law enforcement claim there is a "refusal" for failure to blow correctly, one may want to get a copy of this key correspondence by emailing rick@SanDiegoDUI.com .

Also, a report from Wyoming indicates that not only does the EC/IR have the slope detector turned off, but most of them have the interferent detector turned off. There are outrageously high readings all the time, it gives an attorney the opportunity to argue the disconnect defense.

The actual quantitative result comes from the fuel cell. These fuel cells wear out quickly and through discovery you can find out if it has reached its max fuel cell gain. Ronald Henson has a great presentation on this issue. Because the fuel cell gives the quantitative result, the machine is supposed to be connected to a dedicated power source. None of the machine’s in Wyoming have a dedicated power source and the one in Laramie runs off the same power line as the rest of the jail.