Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here 10 DWI/DUI Myths and Their Facts – Part-3 »
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- Myth # 8:
Law enforcement officers can’t influence the BAC reading of a breath-testing machine.
Fact:
Law enforcement officers can and do influence BAC readings. Law professor and lawyer Lawrence Taylor quotes Dr. Michael Hlastala, Professor of Physiology, Biophysics and Medicine at the University of Washington. He said that, By far, the error which is most overlooked in breath testing for alcohol is the pattern of breathing…. During the breath the concentration of alcohol changes considerably… After discarding the dead space, the first part of the breath, has an alcohol concentration much lower than the equivalent BAC. Whereas, the alcohol concentration of the last part of the breath is much higher than the equivalent BAC. The last part of the breath could be over 50% above the alcohol level….Thus, it maybe indicated by a breath tester reading of 0.14% which has been taken from the last part of the breath that the blood level is only 0.09%.
It has been explained by Professor Taylor that, many police officers are aware of this error. They also know that if the machine opposes their judgment that the person they arrested is intoxicated, then it will effect their reputation.
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