Monday, November 14, 2011

Flaws With Breathalyzer Tests

Most people think that the breathalyzer reading irrefutable evidence that when it comes to testing whether you are driving, while the blood alcohol content raised the legal limit. However, as with all the equipment, there is still a margin of error and the many variables that can affect the reading of the breathalyzer test.

The reason for the error blood alcohol contain readings

A bad calibration of the breathalyzer may cause the rate of the machines who calculates the amount of alcohol in the blood fluctuate as much as 1,000 points, which can produce very accurate results. Overall damage, such as low battery or other magnetic storage media intrusion on the board also may be dangerous to report units of alcohol.

The status of your mouth at the time of trial blood alcohol contain also has a huge impact on readings. Alcohol remaining trapped in the mouth, saliva leave food between teeth, tongue or lips can add blood alcohol readings. Breathalyzers also see the molecule of methyl alcohol is in - and other components. Machines can be a detection of chemical compounds containing methyl alcohol besides. For example, use mouthwash without alcohol content has been shown to raise blood alcohol readings.

Another major weakness in the drive unit is the breathalyzer is assumed that the oral temperature is around 93 degrees Fahrenheit. Several studies have shown that people arrested for DUI with actual temperatures between 93 and 98 degrees of mouth, other variables that can negatively affect the readings Bac. A Breathalyzer only able to estimate blood alcohol content, and this estimate is based on numbers in the lungs and breathing. Therefore, if you have a burp, hiccup, or vomiting within 20 minutes of testing, it also can improve readability of alcohol in the blood and cause the arrest of the Virginia DUI when you are driving while under the legal limitations.

Your body composition is also an important factor in how your blood alcohol readings were reported. Two people with different weights 100 pounds can consume the same amount of alcohol at the same time, but people can be affected by up to two times more light than heavier people. Metabolism also affects the absorption of alcohol. Breathalyzers to test alcohol levels, which is eaten in the bloodstream, but depending on the speed of your metabolism works, can not be fully absorbed during the test.

Reliable results could change the outcome of the case

If your DUI attorney can convince a jury that flawed breath test, they are more likely to consider a verdict of guilty. With all the variables that can affect blood alcohol contain readings, there is a good chance that no problems affected their alcohol readings above. A good DUI lawyer Virginia know what to look and feel of a question as evidence in court.

In all forms of breathing tests may not be accurate or modified, blood alcohol contain Breathalyzer reading is not always regarded as an accurate indicator of DUI. Although Virginia law does not allow you to refuse a breath test when suspected of DUI, blood tests may be used if Defendant did not submit a breath test.

According to Virginia law, if you are convicted of DUI in General District Court, you have the right to appeal and obtain a new trial in Circuit Court. Virginia DUI Attorney Bob Battle, a DUI lawyer in the country just to make sure that if you want to appeal his case, to represent the appeal to the Circuit Court for FREE!

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