http://www.duiblog.com/2004/11/05/breathalyzers-why-aren-t-they-warranted-to-measure-alcohol/ Bad Drunk Driving Laws, False Evidence and a Fading Constitution Wed, 08 Feb 2012 23:35:13 +0000 hourly 1 http://wordpress.org/?v=3.1.3 http://www.duiblog.com/2004/11/05/breathalyzers-why-aren-t-they-warranted-to-measure-alcohol/comment-page-1/#comment-1898 DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution Tue, 28 Oct 2008 17:20:53 +0000 http://duiblog.level2hosting.com/?p=29#comment-1898 [...] Breathalyzers: Why Aren’t They Warranted to Measure Alcohol? [...] […] Breathalyzers: Why Aren’t They Warranted to Measure Alcohol? […]

]]> http://www.duiblog.com/2004/11/05/breathalyzers-why-aren-t-they-warranted-to-measure-alcohol/comment-page-1/#comment-229 DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution Sun, 25 Mar 2007 23:47:16 +0000 http://duiblog.level2hosting.com/?p=29#comment-229 [...] Breathalyzers: Why Aren't They Warranted to Measure Alcohol? [...] […] Breathalyzers: Why Aren't They Warranted to Measure Alcohol? […]

]]> http://www.duiblog.com/2004/11/05/breathalyzers-why-aren-t-they-warranted-to-measure-alcohol/comment-page-1/#comment-166 DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution Thu, 21 Dec 2006 20:07:26 +0000 http://duiblog.level2hosting.com/?p=29#comment-166 [...] Breathalyzers — and Why They Don’t Work Breathalyzer Inaccuracy: Testing During the Absorptive Stage Breathalyzer Inaccuracy: Post-Absorptive Breathalyzer Inaccuracy….It Gets Worse “Close Enough for Government Work” Why Breathalyzers Don’t Measure Alcohol How to Fool the Breathalyzer Breathalyzers and Radio Frequency Interference Breathalyzers: Why Aren’t They Warranted to Measure Alcohol? Share: [...] […] Breathalyzers — and Why They Don’t Work Breathalyzer Inaccuracy: Testing During the Absorptive Stage Breathalyzer Inaccuracy: Post-Absorptive Breathalyzer Inaccuracy….It Gets Worse “Close Enough for Government Work” Why Breathalyzers Don’t Measure Alcohol How to Fool the Breathalyzer Breathalyzers and Radio Frequency Interference Breathalyzers: Why Aren’t They Warranted to Measure Alcohol? Share: […]

]]> http://www.duiblog.com/2004/11/05/breathalyzers-why-aren-t-they-warranted-to-measure-alcohol/comment-page-1/#comment-131 DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution Mon, 11 Dec 2006 21:59:06 +0000 http://duiblog.level2hosting.com/?p=29#comment-131 [...] All states now have two drunk driving laws: (1) driving under the influence of alcohol (aka “DUI”, with local variations, such as “driving while intoxicated” or “DWI”), and (2) the so-called per se law of driving with .08% or higher blood-alcohol concentration (BAC). Most of those arrested will be charged and prosecuted for both offenses. The breath machines (commonly — and inaccurately — referred to as “Breathalyzers”) used to obtain the BAC are, obviously, critical to the drunk driving case. As for the per se offense, the only evidence of the crime is the machine: if the thing says .08% or higher and the jury believes it, the defendant is guilty. And even as to the DUI charge, the readings will be considered presumptive: if the BAC is .08% or higher, the jury will be instructed by the judge that the defendant is presumed guilty — and he must be found guilty unless he can prove his innocence (I’ve discussed this in “Whatever Happened to the Presumption of Innocence?“). These machines are all-important: they determine guilt or innocence. But their manufacturers continue to assure us that they are “state of the art”. So how accurate are they? Well, as I’ve written in the past, not very: Breathalyzers — and Why They Don’t Work Close Enough for Government Work The Mouth Alcohol Problem Breathalyzers: Why Aren’t They Warranted to Measure Alcohol? Driving Under the Influence of….Bread? Warning: Breathalyzer in Use Breath Fresheners and Breathalyzers Diabetes and the Counterfeit DUI Why Breathalyzers Don’t Measure Alcohol Can Body Temperature Affect Breathalyzer Results? The Effect of Anemia of Breath Tests GERD, Acid Reflux and False Breathalyzer Results Driving Under the Influence of….Gasoline? Do Breathalyzers Discriminate Against Women? Breathalyzer Inaccuracy: Testing During the Absorptive State Breathalyzer Inaccuracy: Post-Absorptive Breathalyzer Inaccuracy….It Gets Worse Warning: Smoking Can be Hazardous to Breathalyzer Results How to Fool the Breathalyzer Breathalyzer Manufacturers Won’t Tell How They Work [...] […] All states now have two drunk driving laws: (1) driving under the influence of alcohol (aka “DUI”, with local variations, such as “driving while intoxicated” or “DWI”), and (2) the so-called per se law of driving with .08% or higher blood-alcohol concentration (BAC). Most of those arrested will be charged and prosecuted for both offenses. The breath machines (commonly — and inaccurately — referred to as “Breathalyzers”) used to obtain the BAC are, obviously, critical to the drunk driving case. As for the per se offense, the only evidence of the crime is the machine: if the thing says .08% or higher and the jury believes it, the defendant is guilty. And even as to the DUI charge, the readings will be considered presumptive: if the BAC is .08% or higher, the jury will be instructed by the judge that the defendant is presumed guilty — and he must be found guilty unless he can prove his innocence (I’ve discussed this in “Whatever Happened to the Presumption of Innocence?“). These machines are all-important: they determine guilt or innocence. But their manufacturers continue to assure us that they are “state of the art”. So how accurate are they? Well, as I’ve written in the past, not very: Breathalyzers — and Why They Don’t Work Close Enough for Government Work The Mouth Alcohol Problem Breathalyzers: Why Aren’t They Warranted to Measure Alcohol? Driving Under the Influence of….Bread? Warning: Breathalyzer in Use Breath Fresheners and Breathalyzers Diabetes and the Counterfeit DUI Why Breathalyzers Don’t Measure Alcohol Can Body Temperature Affect Breathalyzer Results? The Effect of Anemia of Breath Tests GERD, Acid Reflux and False Breathalyzer Results Driving Under the Influence of….Gasoline? Do Breathalyzers Discriminate Against Women? Breathalyzer Inaccuracy: Testing During the Absorptive State Breathalyzer Inaccuracy: Post-Absorptive Breathalyzer Inaccuracy….It Gets Worse Warning: Smoking Can be Hazardous to Breathalyzer Results How to Fool the Breathalyzer Breathalyzer Manufacturers Won’t Tell How They Work […]

]]> http://www.duiblog.com/2004/11/05/breathalyzers-why-aren-t-they-warranted-to-measure-alcohol/comment-page-1/#comment-88 DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution Wed, 06 Dec 2006 18:17:24 +0000 http://duiblog.level2hosting.com/?p=29#comment-88 [...] Now try it with a small, relatively cheap, portable machine maintained, calibrated and operated by police officers…..a machine that is not even warranted by its manufacturer to measure alcohol (see “Breathalyzers: Why Aren’t They Warranted to Measure Alcohol?“). [...] […] Now try it with a small, relatively cheap, portable machine maintained, calibrated and operated by police officers…..a machine that is not even warranted by its manufacturer to measure alcohol (see “Breathalyzers: Why Aren’t They Warranted to Measure Alcohol?“). […]

]]>