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Pulled Over For A DUI? Breathalyzers Aren't Perfectly Accurate

By: Jim Roberts, Posted on: 2007-11-18

If you happen to be pulled over for a DUI, chances are you'll be asked to take a Breathalyzer test. There have been many studies that have shown them to be innacurate, regardless if you refuse the test in many states you could have your license suspended. Given the fairly inaccurate results, and the incredibly negative consequences of being convicted of false DUI it would seem there should be a greater public awareness of these issues.

Breathalyzers and Blood Tests measure alcohol levels completely differently. The blood test is a direct measure of the level of alcohol concentration, and is generally much more accurate. While a breath test measures your blood levels very indirectly, and hence is not as accurate.

The problem is, because of this indirect method is that at times the machines don't properly measure the concentration. What the machines typically do is measure the ethyl compounds in the mouth under the assumption that these compounds are alcohol. Where errors occur is when chemicals that resemble the structure of ethyl alcohol, get registered as an alcohol residue.

Studies have found results exaggerated by the presence of bread (yeast) or smoke in one's system and even through the absorption of paints or gasoline through the skin (say, if someone had been painted a room for several hours earlier that day).

Some studies have shown that diabetics have triggered false positives because of their acetone levels which is a result of their low blood sugar. Dieters and fasters have faced similar results. Some of these problems have been alleviated because of newer models of the breathalyzers, but no machine yet has proven failsafe.

Another potential issue with breathalyzer tests is the timing of the test. If you test a driver too early, you can get a false result. Because of the time needed to absorb alcohol it takes a while for the body to absorb the alcohol completely. The results can be artificially high based upon the higher levels of alcohol in the arterial blood that is measured by the breathalyzer.

In other words, if a person is given a breathalyzer test during this period, where there is no uniformity in the distribution of alcohol, their arterial blood (what is being used by the lungs, and what is being read by the test) has a much higher BAC than the rest of the body. This can be countered by taking a blood test that draws from venous blood.

For a driver suspected of DUI, the results of a breathalyzer test can be life-changing. It is imperative to remember that these tests are not infallible, and that false positives do occur.

A qualified DUI attorney can help someone determine whether or not their breathalyzer results are accurate and were obtained in a legal manner. Important decisions rest on the results of such tests, so it is equally as important to question their validity and accuracy.

Article Source: http://www.allthebestarticles.com

This article should be used only for informational purposes. Jacksonville Criminal Defense Attorney Lee Lockett offers professional Jacksonville DUI representation.

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