Breath Machines in South Florida- Intoxlizer 8000
Breathalyzers are machines designed to look at ethanol and alcohol particles in your breath and translate those into a breath alcohol ratio. Prosecutors and police officers in both Broward and Palm Beach County apparently believe these machines are infallible and get excited when they have a DUI case with a breath machine reading above the legal limit, .08. But, it is possible for things other than just ethanol/alcohol to be read by the machine and therefore the machine can make mistakes in how high a person's breath result is. There are many molecules that look like alcohol molecules. Anything that basically looks like an alcohol molecule can be read by the machine. This includes acetaldehyde (cigarette smoke), cyclohexanol (gasoline fumes that could be left on your clothing if you recently pumped gas), acetone (produced naturally by diabetics), and various other compounds such as those found in cleaning fluids and even Wonder Bread.If any of those compounds are picked up by the machine while it is analyzing your breath, any result you have will be higher because the machine adds them all to give one reading. The machine assumes that all of those compounds are alcohol because they look very similar to alcohol, microscopically. The machine cannot tell the difference. This means that it is possible for a person with those molecules on their breath or even clothing to have a breath-alcohol result even if they were not drinking alcohol.
There are also other factors that can affect breath test results. Having foreign objects in your mouth is one of the biggest factors. Gum and chewing tobacco can hold alcohol. If you had one drink while you were chewing gum, and you did not spit out the gum before you took the breath test, you would have a high breath result, possibly over the legal limit. The officers at the Breath Alcohol Testing Facility are supposed to observe you for 20 minutes to make sure you do not have anything in your mouth. However, sometimes things are missed and as a result, the test is skewed.
Alcohol can also be absorbed by porous fillings. This means that anyone who has had dental work could give a higher reading because the alcohol remained in their fillings €" drinking alcohol or even mouthwash.
A variety of medical issues can also affect machine readings. Burping or belching, Acid reflux, Heartburn, Body temperature, Breathing rates, Breath holding, Hyperventilating, and even inhalers for asthma can cause false high readings.
Perhaps one of the most important interfering factors is Radio Frequency. When you are arrested for Driving Under the Influence, you are taken by police officers to the Breath Alcohol Testing Facility. There, police officers are carrying radios and cell phones, both of which function based on radio frequencies. If those are not turned off during the breath testing, they could cause the machine to give a false reading.
Also important to note is that breath machines only test your breath results at the time you were at the breath testing facility. They cannot tell what your breath result was at the time you were driving. By the time you have gone through roadside sobriety exercises, the transportation to the police station, and the 20-minute observation, it could be hours before you are actually tested. The police cannot prove what your breath reading was at the time you were driving in Broward or Palm Beach County.
The breath machines used in Driving Under the Influence cases have had many problems over the years and these problems have been litigated by DUI Lawyers in South Florida. There are new challenges to this machine every year so it is imperative that you contact a DUI Lawyer who has up to date knowledge on current issues in both the Broward County Criminal Court and Palm Beach County Criminal Court.
The moral of the story is: do not be scared of a machine. If you made the mistake and blew into the machine and wound up with a high reading, your case is not necessarily lost. Consider that the proof against you is only a machine that was built by fallible humans, and there are many things that can affect the results. A skilled Palm Beach County Criminal Defense Attorney or an aggressive Broward County Defense Lawyer can explore those defenses on your behalf. If you have questions regarding a Breathalyzer or a DUI, contact a South Florida Criminal Defense Lawyer today.
There are also other factors that can affect breath test results. Having foreign objects in your mouth is one of the biggest factors. Gum and chewing tobacco can hold alcohol. If you had one drink while you were chewing gum, and you did not spit out the gum before you took the breath test, you would have a high breath result, possibly over the legal limit. The officers at the Breath Alcohol Testing Facility are supposed to observe you for 20 minutes to make sure you do not have anything in your mouth. However, sometimes things are missed and as a result, the test is skewed.
Alcohol can also be absorbed by porous fillings. This means that anyone who has had dental work could give a higher reading because the alcohol remained in their fillings €" drinking alcohol or even mouthwash.
A variety of medical issues can also affect machine readings. Burping or belching, Acid reflux, Heartburn, Body temperature, Breathing rates, Breath holding, Hyperventilating, and even inhalers for asthma can cause false high readings.
Perhaps one of the most important interfering factors is Radio Frequency. When you are arrested for Driving Under the Influence, you are taken by police officers to the Breath Alcohol Testing Facility. There, police officers are carrying radios and cell phones, both of which function based on radio frequencies. If those are not turned off during the breath testing, they could cause the machine to give a false reading.
Also important to note is that breath machines only test your breath results at the time you were at the breath testing facility. They cannot tell what your breath result was at the time you were driving. By the time you have gone through roadside sobriety exercises, the transportation to the police station, and the 20-minute observation, it could be hours before you are actually tested. The police cannot prove what your breath reading was at the time you were driving in Broward or Palm Beach County.
The breath machines used in Driving Under the Influence cases have had many problems over the years and these problems have been litigated by DUI Lawyers in South Florida. There are new challenges to this machine every year so it is imperative that you contact a DUI Lawyer who has up to date knowledge on current issues in both the Broward County Criminal Court and Palm Beach County Criminal Court.
The moral of the story is: do not be scared of a machine. If you made the mistake and blew into the machine and wound up with a high reading, your case is not necessarily lost. Consider that the proof against you is only a machine that was built by fallible humans, and there are many things that can affect the results. A skilled Palm Beach County Criminal Defense Attorney or an aggressive Broward County Defense Lawyer can explore those defenses on your behalf. If you have questions regarding a Breathalyzer or a DUI, contact a South Florida Criminal Defense Lawyer today.
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