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breathalyzer Tag

08 November
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Even More Problems with Breath Tests

Posted by Clint
in Blog
Even More Problems with Breath Tests

Yes, there are even more problems with breath tests than discussed in previous blogs. From making modifications to the Intoxilyzer, the most commonly used breath testing device, to faking records and altering software, the problems with using breath tests as evidence of driving under the influence seem to never end. A surprising case in Florida from a few years ago showcases how even minor modifications to the Breathalyzer can lead to a strong defense to DUI charges in court. Apparently Breathalyzer manufacturer CMI Inc. did not tell the National Highway Traffic Safety Administration that the company had made seventeen modifications to...

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13 September
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What Kinds of Roadside Questions Require a Miranda Warning?

Posted by Clint
in Blog
What Kinds of Roadside Questions Require a Miranda Warning?

Roadside questions from law enforcement – are they legal if you have not been given a Miranda warning? What kinds of questions can the police ask? Two key Supreme Court opinions in the cases of Berkemer v. McCarty and Pennsylvania v. Muniz address and (mostly) answer these common queries in the context of DUI cases. In Berkemer v. McCarty, 468 U.S. 420 (1984), a police officer pulled over a driver whose car was swerving in and out of its traffic lane. After the officer pulled over the driver and noticed his difficulty standing and slurred speech, the officer asked the driver...

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08 September
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Is It Legal for the Police to Destroy My Breath Sample?

Posted by Clint
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Is It Legal for the Police to Destroy My Breath Sample?

Charges of driving under the influence implicate legal issues from proper handling of evidence to confessions to warrants. In California v. Trombetta, 467 U.S. 479 (1984), the United States Supreme Court considered whether releasing the air from breath samples after analysis violates the accused’s right to examine any potentially exonerating evidence. Trombetta involved several defendants arrested for driving under the influence, taken to a police station, and given breath tests. After they took the breath tests and the police analyzed and recorded the results, the police opened the breathalyzer chamber and purged out the air inside. The same is done for...

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25 August
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Common Myths about Breath Testing

Posted by Clint
in Blog
Common Myths about Breath Testing

Even law enforcement officers, prosecutors, and defense attorneys persist in believing several common myths about breath testing. This article explains why those myths are incorrect and how the truth could assist in defending a DUI. Myth: Belching and Vomit Do Not Affect Breath Test Results. Some people think that burping, belching, vomiting, and indigestion do not have a significant effect on breath tests results. Science has shown that this idea is fundamentally incorrect. Vomit, gas, and residual mouth alcohol all can contaminate breath specimens, leading to elevated readings of blood alcohol content from a breathalyzer. Mason & Dubowski, Breath as a Specimen...

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04 August
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Problems with Breath Testing in Oklahoma

Posted by Clint
in Blog
Problems with Breath Testing in Oklahoma

Breath testing for blood alcohol content has many flaws that could affect the outcome of a DUI case. Oklahoma law enforcement use a breathalyzer called the Intoxilyzer 8000, which works on a light absorption theory. Like for blood testing, variances in the test equipment and testing process can result in incorrect BAC level measurements. Breathalyzer technology employs a number of scientific assumptions that can be challenged because not every human processes alcohol or breathes into the device in the same way. For example, the devices’ accuracy depends on the assumption that every driver has an exact number of parts of alcohol...

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30 June
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Devices Used for Breath Tests: Are They Accurate?

Posted by rainmakeradmin
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Devices Used for Breath Tests: Are They Accurate?

Oklahoma law enforcement officers administer breath tests to suspected drunk drivers, but the accuracy of those tests has been questioned repeatedly. Determining whether breath tests are accurate requires an understanding of what device is used, how it works, how it is maintained, and how tests are administered. The breathalyzer used in Oklahoma is called the Intoxilyzer 8000, an older model in use for over 10 years in the state. Breathalyzers like the 8000 work on a light absorption theory. You breathe into the end of the device and your breath is captured in a chamber. A light bulb that emits infrared...

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28 June
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Key Oklahoma Court Decision Calls Breathalyzer Results into Question

Posted by rainmakeradmin
in Blog
Key Oklahoma Court Decision Calls Breathalyzer Results into Question

After the Oklahoma Civil Court of Appeals called into question whether pieces of a breathalyzer device used on a DUI defendant were properly approved, thousands of other breath tests could be questioned. The decision became final when in mid-2016, the Oklahoma Supreme Court refused to hear the case. However, the full impact of the court’s findings in Sample v. State, 2016 OK CIV APP 62 has yet to be assessed. In brief, the defendant challenged the procedure used to approve use of two pieces of the breathalyzer. The device used was the Intoxilyzer 8000. Instead of being approved by the State...

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