California DUI Cases and Breath Testing Flaws

To make matters worse, the machine detects alcohol through "additive absorption." In other words, the more methyl groups the instrument detects by their absorbing the infrared energy, the higher will be the blood-alcohol reading. Thus all of the non-alcoholic compounds on the breath will have a cumulative effect—that is, the errors will be added one on top of another.

How prevalent are chemicals in the breath that can register on breath analyzing machines? Here are some common things that can give falsely high readings:

• Untreated Diabetics
• Persons on a Weight Reduction Diet
• Fasting
• Long-term smokers are more likely to have higher blood-alcohol readings due to a greater amount of acetaldehyde in the lungs.
• Alcoholics can have 5 to 55 times higher levels of acetaldehyde in there breath or blood than that in nonalcoholics.
• Inhaling Paint and Glue Fumes
• Inhaling Lacquer Fumes
• Swallowing Unleaded Gasoline
• Bread Products of various types

There have been a number of recognized studies on the existence of chemical compounds on the breath, all concluding that a wide variety of compounds exists, including compounds containing the methyl group. For further information see, BAC Level Studies.

Alcohol and the Human Body
Very general discussion of the physiological effects of ethanol.

Facts on Tap
Discussion of symptoms associated with different blood alcohol concentrations.

Alcohol Breathalyzer Tests
Discussion of the type of chemical test you should take if you are arrested for a DUI in California.

Intoximeters, Inc
One of the major manufacturers of breath instruments used by law enforcement.

The Drunk Driving Law Center
Megasite with discussion and links concerning blood alcohol concentration and blood and breath alcohol analysis.

Breathalyzer Accuracy
Discussion of scientific research into the accuracy and reliability of law enforcement breath testing devices, from California DUI attorney Lawrence Taylor's book, "Drunk Driving Defense, 6th edition" (see The Best DUI Lawyers).

California DUI: A Drunk Driving Law Guide is intended to counter the political pressures of extremist groups seeking the passage of unfair laws, the erosion of constitutional rights and the eventual return of prohibition. The National Motorists Association sets forth its positions on controversial drunk driving issues, such as unconstitutional roadblocks, overemphasis on breath alcohol tests, unfair criminal penalties and the imposition of "automatic" license suspensions. See also "Responsibility in DUI Laws, Inc.", an organization dedicated to reforming harsh and misdirected DUI laws.

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