One of the most popular tools in the investigation of DUI is breathalyzer tests. The police are using these machines to determine the blood alcohol content (BAC) of a driver when making a traffic stop and roadside check. Although the breathalyzer test usually took centre stage in cases of DUI, the defence attorneys dealing with a first DUI in Georgia realize that such tests do not always tell the truth. It is important to understand how breathalyzers work and areas that may lead to falsehood regarding accuracy when determining DUI charges.
The principles of the operation of breathalyzer devices.
Breathalyzer machines determine the level of alcohol in the breath of an individual and estimate the BAC. The assumption behind this is that the alcohol level in the blood will be directly proportional to the alcohol level in the breath. It turns on a standardized ratio, however, human physiology does not always fit into averages.
Varieties of breath-testing machines are in existence such as the handheld roadside machines and the more advanced machines in the police stations. All the devices should be calibrated and maintained well to give consistent measurements. DUI attorneys often examine the maintenance records in order to know whether a breathalyzer was properly working during the time of the test.
Factors that usually influence the accuracy of breathalyzers.
There are many variables that may undermine the use of breathalyser. One of the most widespread problems is improper calibration. Unless a device is checked and calibrated in accordance with the requirements of the manufacturer and the aim of the regulations, the readings of the device can be compromised.
Conditions in the environment can also have effects. How a device measures alcohol may be influenced by temperature, radio frequency interference as well as some chemicals in the air. Also, things like mouthwash, breath sprays or even leftover alcohol in the mouth might give artificially high readings especially when the required period of observation before testing was not adhered to.
Medical and physiological aspects.
Personal physiology is a major factor in accuracy of breath test. Any medical ailment like acid reflux, diabetes or respiratory conditions may disrupt the breathalyzer readings. As an illustration, acid reflux can cause the alcohol vapours in the stomach to enter the mouth resulting into increased readings that are not true indicators of BAC.
The DUI defense lawyers usually check the medical background of a driver to be able to find out whether some underlying conditions might have had an impact on the test outcome. There can also be differences in the measurement of alcohol in breath sample due to variation in the body temperature, lung capacity, and breathing patterns.
Error in procedures when making DUI stops.
Valid results of breathalyzers require proper testing procedures. Police officers should be taught how to test properly and according to the standards. The reliability of the test can be compromised by failure to monitor the driver during a specified duration, giving the wrong instructions or wrong working of the device.
The lawyers defending against DUI examine arrest documents, body cam footage, and police testimony to find the flaws in the procedures that can weaken the case against them.
The way that defense counsel against DUI are challenging breathalyzer results.
Where the accuracy of the breathalyzer is doubted, the defense attorney of a DUI case can seek to attack the admissibility or weight of test results. This may include challenging calibration logs, cross-examination of officers about testing protocols, expert witnessing about the limitations on breath-testing.
In other instances, a reasonable doubt in regard to the precision of a breathalyzer reading can have dramatic consequences on a DUI case. The courts understand that there is no immunity of breath test results especially when the right precautions are not taken.
Learning your legal rights.
The use of breathalyzers is a potent instrument of DUI law enforcement, but it is not a conclusive evidence of impairment. It is the concern of DUI defense attorneys to find out the flaws, inaccuracies, and scientific constraints of breath test evidence to make sure that the evidence under consideration is thoroughly analyzed. Knowledge of the manner in which these devices operate and their points of failure is a vital considerate of developing a robust DUI defense.