The laws concerning the legitimacy of using a Breathalyzer test as evidence in a DUI case change constantly, and there has recently been lots of controversy regarding Breathalyzer testing. In some states old or unreliable Breathalyzer machines may be used, the machines may not be properly calibrated, or the officers administering the tests may not be fully trained in how to properly use the device.
What About Breathalyzers?
Even the newest, most advanced Breathalyzers, such as the Intoxilyzer comes with its own set of issues. These machines are manufactured by private companies and sold to law enforcement agencies. Each independent manufacturer produces their devices with a unique set of characteristics and requirements, making it very difficult for law enforcement personnel to be fully trained and competent in the various models. Even if everything works perfectly and the officer is flawlessly trained, there is a margin of error of .02% in the Breathalyzers, and if you throw in product malfunction and officer error, the rate skyrockets. You don't want to be convicted of DUI based on a machine's faulty results or a police officer's mistake.
How does a Breathalyzer Work?
Breathalyzer machines measure infrared spectrometry to measure the amount of alcohol in a breath sample. Inside the Breathalyzer is a quartz lamp which radiates infrared energy throughout the sample. A measurement is taken on the amount of energy that makes it through the sample and is not absorbed by alcohol. Therefore, the greater the amount of alcohol in the breath, the greater the absorption.
Specific Issues
Non-Alcohol Contamination
A Breathalyzer test is designed to test the amount of alcohol present in the air of your lungs. Therefore, if you suffer from heartburn or acid reflux, alcohol from your stomach can come back from the stomach and into the throat or mouth. When you blow into the Breathalyzer both the mouth alcohol and the air in your lungs is measured and can raise your reading on the test falsely by as much as a factor of four. If you just had a spicy Mexican meal and a Margarita, you may give a very high false reading on your Breathalyzer test.
Electronic Interference
While it may come as a surprise to most people, radio waves generated by police radios, radar guns, scanners, computers, etc. can significantly interfere with electronic circuitry in the Breathalyzer machines. Your Breathalyzer can give a false positive reading as a result of radio frequency interference.
Always Talk to a DUI Lawyer
If you have been charged with DUI based solely on the results of a Breathalyzer test, you should be very aware that there are multiple problems associated with these machines such as the ones listed above as well as others. Your best defense is to hire an experienced attorney who has a strong background in DUI cases and is very knowledgeable about the limitations of a Breathalyzer test.
