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| Someone using a breathalyzer (Photo credit: Wikipedia) |
Myth 1: "Alcohol on the breath" is
a reliable sign of alcohol consumption and intoxication.
Fact: Alcohol is actually odorless.... it has no smell. What people perceive as alcohol on the breath is actually the odor of things commonly found in alcoholic beverages. The breath of a person who drinks a non-alcoholic beer will smell the same as that of a person who has consumed an alcoholic beer.
Myth 2: People who abstain from alcohol are "alcohol-free" and can't be arrested for DWI.
Fact: The human body produces its own supply of alcohol naturally on a continuous basis, 24 hours a day, seven days a week. It's called endogenous ethanol production. Therefore, we always have alcohol in our bodies and in some cases people produce enough to become legally intoxicated and arrested for DWI.
‘Alcohol on the breath’ is not a reliable sign because alcohol is actually odorless. When people detect ‘alcohol on the breath,’ it’s actually the odor of things commonly found in alcoholic beverages. For instance, the breath of a person who drinks a non-alcoholic beer and a beer containing alcohol will smell the same.
In a study to test whether estimates of alcohol on the breath were reliable (Moscowitz, H., Burns, M. & Ferguson, S. Police officers’ detection of breath odors from alcohol ingestion, Accident Analysis and Prevention, 1999), experienced police officers were asked to detect an alcohol odor from 14 subjects. The subjects were at blood alcohol concentrations (BACs) ranging from zero to 0.13, and odor detection was over a 4 hour period, and before and after the subjects consumed food.
The result: Odor strength estimates were unrelated to BAC levels and estimates of BAC level failed to rise above random guesses. The researchers concluded that estimates of alcohol on the breath cannot be relied upon.
3. If you take several deep breaths or hyperventilate before blowing into the Intoxilyzer, this can have the effect of cooling your lungs and resulting in a lower blood alcohol (BAC) reading.
Problems
with the Breath Test Can Include:
In the video
I had mentioned being sick and mentioned I had breathing problems several
times.
I blew as hard and as long as I could with several attempts.
I could not
blow for more than 6 to 7 seconds. I was
required to blow 10 seconds.
After several attemps to blow I asked why can’t I get a blood test since I am un able to blow?
During the session I mentioned speaking with an attorney in the evidence video.
Here is What Can Be Used for My Defense
·
The defendant asks for an attorney before deciding whether to take the
breath test;
·
The Defendant asks for an independent blood, breath or urine test;
·
The Intoxilyzer 8000 was not in substantial compliance for any of the
following reasons;
- The first two breath sample readings are not within .02 agreement;
- The driver was told to blow into the machine until told to stop;
- The first two samples did not occur within 15 minutes of each other;
- The driver was wearing dentures which may have caused a high reading:
- Some unauthorized person entered the breath testing room;
- The law enforcement officer failed to follow the 20 minute observation rule;
- The agency inspector used tap water instead of distilled water.
·
· Motion for Inspection giving the right to inspect
the interior, electrical and computer components of the Intoxilyzer 8000, as
well as the software and source code for the computer program used in the
operation of the instrument and the instruments qualitative and quantitative
analysis of and calculations of breath alcohol content to insure that it works
in a scientific manner; and
·
·
Motion to Suppress (Throw Out) the Breath Test Machine Because the
Intoxilyer 8000 is not an "approved machine" under Florida law
because the breath test was not actually approved since it was not in
compliance with the FDLE Rules.
·
For
example, by inspecting the records pertaining to the Intoxilyzer 8000, experts
have now established yet another software flaw that allows the machine to
produce a breath alcohol level when the machine reports that no breath volume
was submitted for analysis.
·
One of the
safeguards of the machine is the ability to record the volume of each breath.
When that breath sample is less than 1.1 liters, the machine should report to
the breath test operator the warning "volume not met." If that
warning is not provided, then the machine should have calculated that the
sample volume is greater than 1.1 liters. However, no methodology used by FDLE
can verify the breath volume is accurate for any given breath sample.
·
For example, by
inspecting the records pertaining to the Intoxilyzer 8000, experts have now
established yet another software flaw that allows the machine to produce a
breath alcohol level when the machine reports that no breath volume was submitted
for analysis.
My DUI Trial Questions to Arresting Officer
Breathalyzer: Your Dammed if You Do and Dammed if You Don't
The FDLE Purposely Covered Up the Fact the Breathalyzer Tests Were Not Functioning Properly
Refusal of Breathalyzer Test in Florida Bull
My So Called Refusal to Blow Into the Intoxilyzer Which Is a Breathalyzer
http://www.bubblews.com/news/2292714-my-so-called-refusal-to-blow-into-the-intoxilyzer-which-is-a-breathylizer
Police Tricks During a DUI Stop
My Public Defender Pleaded Not Guilty Why
Court Order AA Meetings
While attending AA and NA for many years myself I have seen many meetings where the chair person “refuse to sign the required paper” proving you attended the AA meeting.
My Biggest Fear of Going to Jail
No Your Rights as a Driver
Whats Your Experience with the Interlock System
How Much Time Will I do In the State of Florida if I am Guilty
When you start bringing the math into the equation and the fact the body produces the alcohol all day and night, it is no wonder the courts are clogged with DUI cases each day. I would think that with so many variables, then add in police office misuse of the device or calibration, and there are thousands of ways to proof innocence.
ReplyDeleteThis is certainly interesting. I never knew that alcohol was odorless or that taking several breaths can result in a lower blood alcohol reading. I also never knew that our bodies produce its own alcohol. This means that the entire issue of DUI/DWI is a lot trickier than I originally thought. There a lot of gray areas involved!
ReplyDeleteWhen you come out of a bar, the police seem to be just sitting around waiting. They make the breath test sound as if it is infallible. This is some really good information to know because I am small, and I worry that one drink will put me over the limit. Getting charged with DUI is no joke, and I never want to have it happen to me.
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