When is it appropriate to retest a subject with the Intoxilyzer 9000?

Retesting a subject with the Intoxilyzer 9000 is appropriate in situations where the initial test produces an inconclusive result. An inconclusive result may arise due to various factors, such as equipment malfunction, insufficient breath sample, or environmental conditions that could affect the readings. The Intoxilyzer 9000 is designed to provide reliable data on blood alcohol concentration (BAC), and when the results are unclear, it is imperative to conduct a retest to ensure accurate assessment of the subject’s BAC. This practice is essential for maintaining the integrity of law enforcement processes and ensuring that decisions made based on test results are well-informed.

In contrast, the other scenarios—such as the specific conditions of a waiting period or a predetermined BAC threshold—do not warrant automatic retesting under the protocols established for operating the device. Additionally, an officer’s subjective determination of sobriety isn’t a sufficient basis for retesting; the focus must remain on the reliable quantitative results that the Intoxilyzer 9000 is intended to provide.