Law Offices of Lawrence TaylorBreathalyzer and Breath Test Accuracy415-496-2034
Implied Consent laws of California state that if a suspect is arrested for drunk driving, they are presumed as a condition of privilege to have implicitly consented to a chemical test. A refusal to submit to a chemical test could result in the suspect's license to be suspended. The suspect will typically have a choice either the breath or blood test. A urine analysis test can be done if neither a breath nor blood samples are readily available.
The popular chemical test choice is the breath analysis. Typically called the breathalyzer (Brand name of an early model manufactured by Smith & Wesson), agencies across California use various makes and models of this machine. Regardless of choice all breathalyzers have one thing in common. They are prone to flaws and reliability issues. An experienced attorney specializing in DUI defense should have the expertise and know how to find the flaws and to demonstrate to a jury the mechanical defects of the machine.
For example, breathalyzers are maintained by a computer which calculates to blood-alcohol level of a suspect by making assumptions. The machine assumes the person is of average weight, height, physiology and metabolism. The machine also does not distinguish between male and female. The breathalyzer also doesn't measure alcohol. The majority of breathalyzers use a scientific technology known as infrared spectroscopy to detect the presence of a methyl group of molecules on the suspect's breath. Thousands of chemical compounds contain this methyl group in their molecular structure. Several studies of documented over 100 of these compound groups on the human breath. This includes acetone (which is found in diabetics and people on diets), paint thinner, glue, and gasoline. All of these examples can be breathed into the human system as vapors or even absorbed through the skin to be breathed out hours later. That vapor could register on a breathalyzer as alcohol as a result.
Analysis of a blood sample for alcohol is generally more accurate than a breath analysis, but problems exists with this method as well; including lack of sterilization, preservatives and/or refrigeration, coagulation, vial mix-ups, and fermentation of the blood in the vial.
