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Tag Archives: breath alcohol test

Breathalyzer Phone Apps Shouldn’t Be Relied On!

Like all states, Michigan’s legal limit is .08.  This means that if you take a breath test, and the breath test shows .08 or more, you can be convicted on this basis alone – even if you were driving just fine. Of course the police can also test your blood or urine. Here is what the judge would tell the jury about your breath test: If you find that there were 0.08 grams or more of alcohol per 210 liters of ... Read More »

Do Breathalyzers Measure Alcohol?

Breathalyzers don’t actually measure alcohol. That’s right.  What they actually detect and measure is any chemical compound that contains the methyl group in its molecular structure.  There are thousands of such compounds — including quite a few which can be found on the human breath. And this machine that determines a person’s guilt or innocence in a DUI case will “see” all of those chemicals as alcohol — and report a falsely high blood-alcohol concentration (BAC). Most breath machines used ... Read More »

More Problems with the Alcohol Testing Program in Florida

For years, the State of Florida Alcohol Testing Program, a division of the Florida Department of Law Enforcement has been denying that they possessed the software used in the Intoxilyzer 8000 in Florida.  When the Intoxilyzer 8000 first starting being used in Florida the software in it was version 8100.26.  Many judges throughout the State ordered FDLE to disclose the software in their possession.  In response the State allegedly sent all copies of the software back to CMI, the manufacturer ... Read More »

Drunk Driving Defense Requires Competent Experts

If your life has been suddenly disrupted by a Michigan drunk driving arrest, then be sure to hire a DUI lawyer specialist who also has access to the Nation’s top DUI experts. The reason this is so important is that a Michigan drunk driving arrest will nearly always involve scientific evidence such as a breath or blood test.  When death or serious injury is involved, additional expertise in traffic reconstruction is necessary. Retaining a lawyer who understands this evidence is ... Read More »

Proposed Changes to Florida’s DUI Laws May Limit Defenses.

House Bill 299 is a 96 page proposed amendment to Florida DUI Laws. There are numerous proposed changes which will be discussed in future posts, but the subject of today’s post is the proposal that makes it illegal to have a breath or blood concentration of .08 or higher at any time after driving. According to House Bill 299 a person can be convicted of DUI if, “[t]he person has an alcohol concentration of .08 or more grams of alcohol ... Read More »

Breath Alcohol Doesn’t Exist!

An essential fundamental of experimental science is that if something can’t be measured, it does not exist. One noteworthy scientist, Mr. William H. George, phrased it this way: “[S]cience is measurement. If I cannot make measurements, I cannot study a problem scientifically.”[i] Understanding this primary tenant, a follow-up question might be; how precise must a measurement be in order to study something scientifically, and furthermore, if the thing being studied is not measured precisely, then does it exist at all?  ... Read More »

Colorado DUI Enforcement: The Myths Behind the Numbers

Law enforcement officials in Colorado say they made 1,342 DUI arrests between August 16 and September 3 — a time period during which they typically ramp up enforcement efforts in preparation for Labor Day Weekend, reports TheDenverChannel.com. Just to put this in context, because it sounds like a lot, this works out to an annual number of 24,973 arrests.  The 10-year average is usually between 30,000 and 35,000 consistently. 1,300 arrests for 100 agencies over 19 days is two arrests every three ... Read More »

New Boating Under the Influence Law in Washington

Effective July 28, 2013, a newly-revised Boating Under the Influence (BUI)  law came into effect in the State of Washington.  Penalties were raised to that of a gross misdemeanor instead of a simple misdemeanor.  There still is no mandatory minimum jail term or fine.  A refusal to provide a breath sample is not admissible at the trial, however a boater can be subjected to a $1000 civil fine for refusing a test.  This legislation also authorizes search warrants for blood ... Read More »

Breath Tests and the “Mouth Alcohol” Problem

One of the most common causes of falsely high breathalyzer readings is the existence of mouth alcohol. The breathalyzer’s internal computer is making a major assumption when it captures a breath sample and then analyzes it for blood alcohol concentration (BAC): It assumes that the alcohol in the breath sample came from alveolar air — that is, air exhaled from deep within the lungs. Since we are trying to measure how much alcohol is in the blood, rather than in the breath, the ... Read More »

How to Force a DUI Defendant to Prove His Innocence

The drunk driving laws make it a criminal offense to drive a vehicle while under the influence of alcohol (DUI) or while having a blood-alcohol concentration (BAC) of .08% or higher. It is not, however, a criminal offense to be under the influence or to have a BAC of .08% while taking a breath test in a police station an hour or two AFTER driving. So how does the prosecution prove what the BAC was when the defendant was driving? ... Read More »