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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10 DWI/DUI Myths and Their Facts – Part – 2 »
In the previous part you must have read few myths and their facts. This is the next part of the article about myths and facts of DUI/DWI. In this article also you will read about some other myths and facts of DUI/DWI cases.
Myth # 6:
It is believed that the breathalyzers and other breath testers are accurate.
Fact:
There are too many sources of error in breath testers. These errors affect the result of these breathalyzers test.
Quit Smoking or Get Ready for DUI Arrest
You should consider this thing. In our breath a compound named acetaldehyde is present that is falsely recorded as alcohol by breath analyzers.
The most important that tobacco smokers must know is the fact that the levels of acetaldehyde in their lungs are much, much higher than those in the lungs of non-smokers. This means that the possibility of false high readings on a Breathalyzer or other machine is greater for smokers.
So with this there comes another reason due to which the smokers should quit smoking and that reason is the danger of arrest and false conviction of DWI/DUI. So I must advise the smokers to quit smoking before they are arrested for DUI/DWI.
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10 DWI/DUI Myths and Their Facts – Part-1 »
Common myths surround the subject of DWI and DUI. Here I have corrected them by giving scientific information and evidence related to these myths.
Myth # 1:
A person’s BAC reading could be lowered down by sucking on pennies.
Fact:
If you suck a penny or other copper, it will not affect the results of an alcohol breath tester BAC. Don’t ever try to be a sucker as doing this you does not make any cents.
Myth # 2:
A reliable sign of how much alcohol has been consumed and what is the level of intoxication is “Alcohol on the breath”.
Fact:
Actually alcohol is odorless means it does not contain any smell. It is believed by the people that actually the alcohol on the breath is the odor of things commonly found in alcoholic beverages. So the breath of a person who has taken a non-alcoholic beer will smell the same as that of a person who has consumed an alcoholic beer.
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