March 31, 2014
There are many reasons why a breathalyzer may be wrong.
In general, there are two kinds of breathalyzers, handheld (PAS) and large electic breathalyzers found at police stations (Usually Datamaster 2000). The handheld models are not very accurate and Judges may even throw out their results if your attorney can convince the Court they are inaccurate or “junk science.”
The large breathalyzer used at most police stations have many imperfections.
Even if the Breathalyzer says you blew a .08 it could really be a .03! Here’s how:
If you are small or a female your lungs are about 15% smaller than average. The machine does not know this and thinks everyone is “average.” This brings a .08 down to about a .06
If you got pulled over late at night your breath is hotter than first thing in the morning. The machine does not know this and your warmer breath fools the machine and therefore the actual BAC may be .05 or thereabouts.
The law in this case is Title 17 in California. In Title 17, the law states that the breathalyzer machines have a margin of error of .01, (however our expert toxologist has evidence that it is closer to .02 margin of error). Now we are at .04…
Finally, most people try to fool the breathalyzer by blowing into the tube very softly. Then the policeman will tell you to blow hard or he will arrest you for a “refusal.” If you then blew hard this fools the machine and brings up deep lung air, where most of the alcohol residue is stored, giving the machine a higher reading that is correct. That’s how a .08 is really a .03!!!!!!!!!
There are also many other factors that can fool a breathalyzer including heartburn or a medical condition known as GERD, soy sauce, recent dental work, food trapped in your teeth, mouthwash, or even burping, hiccuping, voming, eating or drinking water prior to your test. If you want more information about your particlar situation, call me now!