Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Problems Related to Breath Analyzer Test in DUI Cases
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- Odor of alcohol
Alcohol’ presence can be checked by simply smelling an alcoholic drink. But it is quite interesting that some non alcoholic drinks can also be found smelling like alcoholic drinks. BAC level is unrelated to odor strength and it is indicated by research conducted on this phenomenon. 
Alcohol facts in human body
Alcohol is naturally produced in our bodies during metabolism of food and it is quite understandable thing that people who do not drink can have certain quantity of alcohol in their bodies. The phenomenon of production of alcohol in the body is known as Endogenous Ethanol Production (EEP). Once produced this is metabolized by the liver. There are some causes of its production.
Alcohol levels for Drivers
The alcohol amount was never sufficient to damage anyone with the exemption of some Japanese cases but for drivers under the age of 21 while driving the tolerance state is zero.
Dr. Michael Hlastala from University of Washington says:
“The concentration of alcohol changes considerably during the breath…The first part of the breath, after discarding the dead space, has an alcohol concentration much lower than the equivalent BAC. Whereas, the last part of the breath has an alcohol concentration that is much higher than the equivalent BAC. The last part of the breath can be over 50% above the alcohol level….Thus, a breath tester reading of 0.14% taken from the last part of the breath may indicate that the blood level is only 0.09%.”
Breath Analyzer
Sometimes while driving if you are not driving well the officer may stop you and can check your breath with breath analyzer. He often shouts at you to blow harder to get the correct reading of the alcohol level in your breath. This hard blow will make out the alcohol filled air from the bottom of the lungs.
Sugar Patients
Acetone level rises in the breath during Hypoglycemia. Breath analyzer will record the acetone level as alcohol level. This may result in being convicted of diabetic patient of DWI.
Accuracy Level of Breath Analyzer
This machine gives faulty results sometimes due to some errors in it. But under ideal conditions, the true BAC is 0.08. this machine can read the lowest levels like 0.07 to 0.09 05 even 0.065 to 0.095. 20 to 30 % can be margin of errors.
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