Breathalyzer Reading

Drunk Driving & DWI conviction


The Key Reason Why Breathalyzer Readings Should Not Be Used As Evidence In A Court Of Law

When people hear DUI, they automatically think of the technological device that helps to convict persons guilty of the crime: Breathalyzer. This test is administered to persons who are suspected of being under the influence of alcohol and are driving.  This “breath” alcohol content is then changed into a standard formula to determine what their “blood” alcohol content is. This breathalyzer reading determines just how inebriated a driver is… if they are at all!

Breathalyzer Readings: Why The Breathalyzer Test Is Considered Unfair

You would think that the breathalyzer readings that come from this test are neutral and reasonable. The truth is it’s not! The test is not neutral and unreasonable, as the results vary significantly from one person to another person and so on. It’s not fair because some folks have been found guilty of a DUI when they were actually not impaired and people who are very impaired escaped discovery.

The only accurate way to find out someone’s BAC is to get a blood test; it’s a far more precise impairment indicator.  Bear in mind that people react in different ways to alcohol, especially the effect of it and their tolerance level. The actual true issue is using the “breath” alcohol content to design a proper measurement for the “blood” alcohol content.

Uncontested studies and peer reviews have determined there is a 50 percent margin for error with breathalyzer readings when the results for the BAC were compared to the actual “blood” alcohol content”.  For example: a breathalyzer reading of .1 percent could be a “blood” alcohol content” of .05 to .15 percent. Thus, it cannot be accurate enough to determine if someone is guilty of drinking or driving.

The Rush By State Legislatures To Reduce The Number Of Drunk Drivers On The Road

What state legislatures did is use their agendas to speed up the results to remove drunk drivers from the road. And, they did so by allowing the use of the “breath” alcohol content” results to be used in the same manner as “blood” alcohol content” in court.  The real crime is the allowance of using the “breath” alcohol content in court since they can only be an exact measurement of the air sample and not an actual indication of their “blood” alcohol content”. In the end, it’s not an accurate gauge of the person’s impairment.

That’s why these breathalyzer readings shouldn’t be considered evidence in DUI cases unless the breathalyzer is so high that it surpasses the 50 percent error margin. This means a breathalyzer reading of .2 in a state that recognizes .1 as being legally drunk could be proof of one’s guilt.

If the breathalyzer reading is above. 1 but below the .2 percent, there needs to be some kind of rebuttable notion of guilt. Any breathalyzer reading under .1 should never be allowed in court to prove one’s guilt of a DUI. That’s why the “breath” alcohol content needs to be tossed out of court as evidence, as it is not a true indicator of their impairment.

Yes, it’s clear why states want to decrease the number of people injured or killed from drunk drivers. However, it’s not excuse to act rash in a manner that uses systems that don’t give accurate results. If limits, quantities and standards are permitted in these laws, they need to be pertinent to the person at that exact time and measured correctly. If errors are discovered, the person accused as a right to defend themselves and present evidence that suggests so.

 

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