October 29, 2013 /24-7PressRelease/
-- The breath test: How reliable is it in Florida?
If you are pulled over by a law enforcement officer, for any reason, he or she may ask you to submit to a series of tests if there is suspicion that you have been drinking. One of those tests could be a breath test and if you fail that test by just a fraction, you could find yourself being placed under arrest and charged with DUI
Questioning the breath test's accuracy
However, in the past few years the breath test has come under scrutiny in several states for its accuracy. In Ohio, a judge threw out the results of a breath test last year, saying that the breath machine, the Intoxilyzer 8000, was faulty, according to WKYC. While the state continued to defend the machine, other judges' rulings indicated that there was an overall doubt in the machines' credibility.
In 2010 36,000 people in Ohio were arrested and charged with driving under the influence of alcohol. In one case, a person's breath test results were fatally high. It is unknown if a different kind of test proved that the machine was wrong. The problem has led to several appeals.
No science involved
Many people assume that a breath test is scientific-based, but this is not correct. A study conducted on breath machines showed that there is an error of margin that exists in their ability to measure blood-alcohol content, according to the National Motorists Association. The machines were shown to be off with a margin of 50 percent.
The State University of New York also points out the lack of science involved in the measurement of BAC. Apparently the breath test measures the amount of ethanol, which is the type of alcohol found in beer and wine, by identifying with the molecular structure but the test also will pick up other compounds that have a molecular structure that is similar. This means that when the test is administered, it can be influenced by other elements. These elements include:
-Certain types of breads
-Blood or vomit inside the mouth
One experiment, that was conducted, showed that paint removers, paints and contact cements can also create an inaccurate reading. A person was asked to work with these materials and then was given a breath test 20 minutes later. The current legal limit is 0.08 and the person tested with a BAC level of .12. If he had been stopped by an officer and tested he could have been falsely arrested for drunk driving.
With so many studies showing that breath tests can be faulty it is important to present a strong defense in the event of a DUI charge. If you have been arrested for drunk driving, you should talk with an experienced attorney to discuss your case.
Article provided by Orlando DUI lawyer
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