Does the breath-alyzer care about your sex? - WALB.com, Albany News, Weather, Sports

Does the breath-alyzer care about your sex?

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April 29, 2003

(Canton-AP) -- A Cherokee County jury has agreed with a woman who says a DUI breath test she took last year registered to high because of her sex.

The manufacturer of the Intoxilyzer 5000 calls that argument ridiculous. But jurors agreed with Lisa Bufton and acquitted her last month.

Her attorney argued the analysis instrument used by Georgia law enforcement personnel gives falsely high readings when used on women. Atlanta lawyer Billy Spruell says the Intoxilyzer 5000 is calibrated to men's physiology and the way men's bodies metabolize alcohol.

He argued that women metabolize alcohol in a different way. Thirty-eight-year-old Bufton of Woodstock said she drank two glasses of wine over a five-hour period last May. She said she also drank water and ate a full dinner during that period, before being stopped by a Cherokee County sheriff's deputy.

The Intoxilyzer 5000 measured her alcohol level at 0.093. The limit in Georgia is 0.08.

Tom Myers is regional sales manager at CMI Incorporated , the Kentucky-based company that manufactures the instrument for about half of the United States. He said "The instrument does not care if it's a man or a woman."

posted at 10:55AM by dave.miller@walb.com