Information on BreathTesting and Associated Problems.
The purpose of a breath test is to measure a person’s Blood Alcohol Content (BAC) in a less invasive way than drawing blood. There are machines that police officers use to do this. The CMI Intoxilyzer 8000 is the breath test machine that is currently used in Florida.
Basically, these machines are set up to work in this way – when a person exhales, or “blows”, into the machine, through a mouthpiece attached to a tube, the machine is supposed to measure the amount of alcohol in the breath, and convert it to the BAC in the body. However, this machine has never been scientifically proven to be accurate 100% of the time and there are some serious problems with it.
Here are some of the problems:
- The breath testing machine is just a machine and one that frequently breaks down and needs to be sent back to the manufacturer for repairs.
- The manufacturer of the machine, CMI, refuses to disclose the computer software program which the machine operates on. So there is no way to evaluate if the machine is based on sound scientific principles.
- The breath testing machine utilizes averages, averages for the entire population. An average is not an accurate representation for an individual, and may overstate or understate a persons actual BAC.
- The breath tests are usually administered at the jail. It could take you one to one and a half hours to get to the jail from the time you are first pulled over by the police, or are in an accident. This test is supposed to reflect the BAC at the time of driving, not the BAC at the jail. By the time a person arrives at the jail their BAC level could be increased or decreased.
- The machine must be accurately calibrated, if not, it may be registering an inaccurate reading.
- The breath testing machine does not distinguish between alcohol in the mouth and alcohol in the lungs. Residual alcohol in the mouth can result in a mistakenly high reading.
- Other factors affecting the results of breath testing can be: belching, hiccupping, or vomiting prior to testing, the temperature of the breath, and health conditions such as diabetes, to name a few.
What you need to know if you have been arrested for DUI and took a Breath Test, “Blew”, in Gainesville, and all of Alachua County:
*****Even if the breath test is admitted into evidence, an experienced DUI lawyer can prove to a jury that the results are not reliable and do not meet the burden of proof required for a DUI criminal conviction. There are legal defenses.
*****An experienced DUI attorney who is updated on the latest technology and cutting edge defenses will know how to check the history of the breath test machine used in your case and what to look for. For example: If the machine has a history of making mistakes or breaking down and needing repairs, then why should it be trusted?
Call today for help. 352 373 8000. Consultations are FREE.
Remember, the only sure way of avoiding the lifelong consequences of a DUI conviction is to not drink and drive!
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