The Breath Test is Wrong....
The Morgan Law Firm is ready to help you prove it...
Unfortunately,
the breath test is wrong over 89% of the time.... Sometimes it
produces a higher result. Sometimes it produces a lower result. The
point is this... The number that is produced by the breath testing
device is wrong and I can prove it with one easy step. If you have been
charged with DUI based upon a breath test, you likely received a
receipt produced by the device. On that receipt you will see two
results based on your two samples. Are those results the same? Chances
are, they are not the same. Did your BAC change? Of course not...
Therefore, the machine must not be 100% accurate, right? That is not
the end of the story, there is much much more.
If
your breath was tested, there is a very good chance that the test was
conducted using an Intoxilyzxer 5000. This clunky old machine has been
around since the 1970s. It relies on technology from 1985. And,
unfortunately, that technology is based upon untested and unreliable
scientific principles.
First,
you must understand how the device works. The Intoxilyzer 5000 uses
infrared (IR) light and five ethonol specific IR filters to identify the
ethyl alcohol molecule and determine the percent of alcohol in a breath
sample. When Infrared light is passed through a substance, some of the
infrared light will be absorbed. If a variable infrared light source
is directed through a group of molecules, such as ethyl alcohol, an
infrared spectrum can be produced. Each substance has its own
particular spectrogram. Ethyl Aclohol consists of Six Hydrogen Atoms,
Two Carbon Atoms, and one oxygen atom.
How does the breath test device calculate my Blood Alcohol Content?
First,
you must understand that there is a 10% margin of error. So, your BAC
of .10 could be as low as .09 or as high as .11 and be within the
acceptable margin of error. The difference between a .10 and a .09
under the law is actually quite significant, if this is your third offense, a .09 will result in a 10 day jail sentence. If the BAC is reported as a .10, you will serve a minimum of 90 days in jail
44
1/2% of all results will be below the reported result. 44 1/2% of all
results will be above the reported result. The Commonwealth has the
burden of providing your guilt beyond a reasonable doubt. Make them
prove it!
The
machine will report your results as grams of alcohol per 210 liters of
breath. Think of 105 2-liter bottles of soda. Compare that to 8 grams
(about 1 1/2 crayons). Visualize that for a minute and you will see why
accuracy matters. If the device reports a .10 (2 crayons), you can go
to jail for a minimum of 2 days for your first offense. If the device reports a .05 (one crayon), you go free...
In
addition to the inherent margin of error present in the breath testing
device, your breathing patterns can affect a breath testing device. It
has been established that a person who hold his/her breath will produce a
higher result. Short rapid breaths that flush out the lungs will
produce a lower reading. Think back to the breath test... Were you
told to hold your breath before blowing into the device? Yep, I bet you
were.
Were you told to stop by the breath test operator? He is making sure that the two numbers agree. Does that seem fair?
Every
breath testing device in America is programmed to expect a breath
temperature of 34 degrees celcius. However, the average person has a
breath temperature of 35 degrees celicus. Why does this matter? Each
degree of variance produces a 8.6% variance in breath test results.
Thus, if your breath temperature is 35 degrees celcius, you are likely
to have produced a n estimated BrAC 8.6% above your actual BrAC.
Your own hemocratic ratio affects the breath testing device's accuracy.
The
presence of mouth alcohol can affect the results. Did you burp, belch,
or bring anything into your mouth, even a micro-burp?
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