Intoxilyzer 9000

The Intoxilyzer 9000 is the breath test machine used in Amarillo and throughout Texas to test possibly intoxicated persons who have been arrested for DWI and DUI under the current implied consent law. This machine is manufactured by CMI, Incorporated and is the predominant machine in the United States for breath testing by law enforcement personnel. 
 
The Intoxilyzer 9000 works on the theory of infrared absorption. The machine has a light bulb positioned at one end of a breath capture cylinder. There are filter wheels at the other end of the cylinder and on the other side of these filter wheels is a light receiver.
 
A person suspected of or under arrest for DWI will blow into a breath tube which leads to a breath chamber cylinder. The machine shines a light through this cylinder and the filter wheels will be spinning on the other end of the breath tube chamber. The infrared light causes the alcohol molecules to "vibrate" or "absorb" light at a particular frequency. The filter wheels are designed to filter out potential contaminants.
 
The amount of the breath sample and any reading of alcohol are very minute. The machine must make a multiplication conversion to an amount great enough for us to understand. The difference in light emitted and received is computed through a computer program in the machine to come up a value that can be compared to a .08. The conversion the machine makes on the differences in light would be the equivalent of taking the paper towel tube and increasing its size to that of a 55 gallon drum! Any error would then be exaggerated by that amount.
 
How Reliable is the Breath Test?
 
Texas law only requires that the Intoxilyzer 9000 perform within a plus or minus 10% accuracy rate. This means that a 20% variance in "ok for government work". When the machine is periodically checked for proper function and accuracy and known value of alcohol solution -- 0.080 -- is used to test the machine, if the results are within 0.072 and 0.088 the machine is deemed to be working properly.
 
An everyday example is if you are stopped and arrested for DWI and take a breath test, and you blow a 0.080, when your actual alcohol content is something less, you still face the additional charge of driving with a .08 or higher. Very Scary.
 
The manufacturer does not warrant the Intoxilyzer 9000 for any particular purpose.The machine is not warranted for accurate and reliable breath testing.
 
So, would a smart person submit to such at test?