Alcohol Breath Test and The Problems it Creates During DUI Investigations

February 17, 2016

ALCOHOL BREATH TESTAlcohol breath test is not as reliable as police wants them to be.  We are all fall under the impression that an alcohol breath test conducted by a police officer and showing that you are above Legal Blood Alcohol Level means that you are drunk driving and should be arrested on a stop before someone gets hurt.  Yet, what gives the DUI Breathalyzer its credibility is not entirely clear.  Does it deserve the trust placed into it by the police officers of this city and the ordinary citizens?  Here, we are addressing some of the issued with alcohol breath test and why it can be inaccurate and lead to wrongful convictions.

Upon a DUI arrest, the police will ask you to provide a sample of your bodily fluid or air by asking you to submit to an alcohol breath test or an alcohol blood test.  Providing either of these samples can be very incriminating, however, state law requires you to do it.  We opine that the state law is wrong and in the conflict with the U.S. Constitution on this issue.  Most people agree to provide breath or blood sample and if you do, the opinion of many Los Angeles DUI attorneys that the blood test is more accurate.  Many people chose to take the breath test because they are convinced by their investigating police officers that the alcohol breath test is as reliable as the blood test or because they are simply afraid of needles.

Needle phobia notwithstanding, blood test is a far better way to measure blood alcohol level.  Forgetting for the moment, the inability to store the breath sample, which can be very fatal to your defense as you are unable to retest the evidence that is used against you, let us now focus on body physiology.

An alcohol breath test might not accurately reflect the true alcohol level in your blood…

… because the conversion of blood to breath is kept constant by a legal statute in California.  The absurdity of this can not be overemphasized.  Seemly, the California legislature is able to legislate science!  To do it is as silly as legislating the force of gravity!  The result of this unique legislature is that human variances, so plentiful in blood analysis, can not be used as an argument in court of law.  The law in question deals with a breath test to blood test conversion ration, which is kept at 2100:1, which in reality can vary from 1700:1 to 3,000:1.   Our differences are legislated to the average, which creates a major flaw in any DUI Breathalyzer machines.  This problem is extremely obvious during the process of “absorption” which is a part of body metabolism that takes places immediately after the consumption of alcohol.  Some research indicates that alcohol breath test overestimates true blood alcohol level by 2 fold if the person is in the absorption phase of the alcohol metabolism.  Thus an alcohol breath test taken during the absorption phase can be twice higher and a true blood results of .07% can be shown on an alcohol breath test to be .14% or higher.

Another reason for inaccuracy of the breath test machine is the interference from mouth alcohol during the alcohol breath test.  For example, if a person burps, or chews a gum (which was recently observed by Los Angeles DUI attorney during a DUI alcohol breath test), the gum or burping will affect alcohol concentration in exhaled air and show a much higher results then the true blood alcohol level.

Lastly, some medical conditions can cause a serious overestimation of the alcohol breath test in a lot of people.  Recently, in New York, a defendant showed to the court that her body can produce alcohol and intoxicate herself without consuming any alcoholic beverages.  More common however, is a medical digestive track condition called GERD, which can interfere in breath test and can cause an artificially high breath alcohol results.  If you are suffering from GERD, you have to assert your defense and talk to a DUI defense attorney and a doctor who can assist in preparation of your defense.

Los Angeles DUI attorney can help you win your case.  We have years of experience defending people like you in Los Angeles DUI courts.  We also have an office near Van Nuys DUI court and specialize in defending Van Nuys DUI cases.  Call our office (818) 921 7744 for a free consultation with top Los Angeles DUI lawyer.  We can help you mount a successful defense or get the best possible deal.  DUI lawyer Los Angeles is also very affordable and offer great payment plans.  Call now to talk to best DUI lawyer Los Angeles directly.

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