Posts Tagged ‘Breathalyzer’

Many individuals abuse alcohol consumption based on the many myths surrounding DWI and the various tests carried out by DWI law enforcers to control the crime. These DWI myths range from the extremely weird to credible suggestions that simply are not scientifically correct. Some of these myths include:

1. Breath: Most individuals believe that the smell of alcohol on your breath is what gives the BAC reading. However, research has proven this is not so. Alcohol has no odor. The odor is generated from the other ingredients used to make the drink. As a result, an individual who consumes non-alcoholic beer will have the same mouth odor as one who consumes alcoholic beer. Research has also shown that odor level estimates for some high potent alcoholic beverages were off by up to .13, which is almost twice the legal limit.


2. Accurate Breathalyzers: Do not give up if you are pulled over for a suspected DWI. Research has shown that breathalyzer testing is not a 100% full proof method of declaring you were driving under the influence. Any experienced DWI lawyer can easily expose the accepted .01% inherent error of the system and this has now been accepted in courses nationwide.


3. Jury Trial: The format of DWI cases is not cast in stone. Accusers have the right to refuse judgment by a judge and request a jury trial. With its margin error of 30 – 40%, a jury is important especially when the circumstances of your charge are questionable. This request cannot be denied, as it is your right under the sixth amendment.


4. Guaranteed correct BAC Results: It is a known fact among law enforcers and DWI lawyers that the testing method for breathalyzers is not full proof. Arresting officers can easily manipulate the information generated by the machine to prosecute suspected DWI offenders. Tests have shown that the first few breaths blown into the machine has a less alcohol content than the last couple of breaths do. This is because the first breaths that exudes from the top of the lungs that has lower alcohol content. The last couple of breath will come from the bottom of the lungs, close to the alveolar sacs that are rich in alcohol content. With this knowledge, the arresting officer keeps yelling at the driver to blow hard into the test machine until an elevated result is reached. Studies show that some breath test under these conditions revealed an actual alcohol content of .14% when compared to the actual blood test results of .09%. Always inform your DWI lawyer of the arresting officer’s conduct.


5. Breathalyzers tell Blood Alcohol Content (BAC): Many individuals believe that a breathalyzer machine actually measures blood alcohol concentration level. This is understandable as the acronym BAC suggests. However, the breathalyzer machine only gives an estimate of the amount of alcohol concentration by detecting any chemical compounds that contains trace elements from a methyl group of elements. Correct alcohol content must be verified by a blood test that has also been proven to have a 5% margin of error.


6. Mandated Roadside Testing: Roadside testing is not mandatory. Suspected offenders can refuse the roadside sobriety test but must immediately make themselves available for a chemical blood test at their expense at the nearest certified medical facility.


7. Roadside Integration: Suspected offenders often believe they must answer all the questions posed to them by their arresting officer. Drivers have the right to remain silent about any questions pertaining to your impairment.


8. Sucking on Copper Coins- some individuals believe that sucking on copper coins following the consumption of alcohol can actually lower their BAC reading. They think the chemical content will affect the machines ability to calculate your BAC level. This has proven to be utterly untrue.


9. Being Alcohol Free: Being alcohol free does not prevent you from being arrested on a DWI. Test show that traces of marijuana and other high potent drugs remain in the body up to twenty days after being consumed.


10. Pleading Guilty: Many persons believe that just pleading guilty will eliminate the rigors of the court case and sets you along your merry way, however this is not so. After a guilty plea, your information is entered into the state’s system. If you are charged again for the same crime, you will be treated as a repeat offender and attracts a different set of rules.