High Breathalyzer Readings from Pumping Gas?
Posted by Lawrence Taylor on February 5th, 2006Folks who have read my post “Why Breathalyzers Don’t Measure Alcohol” seem quite surprised to find out these DUI machines are not as reliable as MADD and law enforcement agencies would have us believe.
In fact, the manufacturers of these things refuse to even warrant them to do what they’re supposed to: accurately measure blood-alcohol levels (see “Breathalyzers: Why Aren’t They Warranted to Measure Alcohol?”).
So how reliable are these “breathalyzers” that determine a person’s guilt or innocence in DUI cases? And just what DO they measure if not alcohol?
Well, thousands of different chemical compounds, according to scientists — anything that contains the methyl group in its molecular structure. Gasoline for one.
Consider an article appearing on the front page of the Spokane Spokesman-Review (August 24, 1988), in which a person sitting in jail awaiting trial for DUI claimed that he had nothing to drink. He said he had run out of gas and had been siphoning gasoline from a container into his tank before being stopped by the officer and arrested. In siphoning, he had sucked on the hose to get it started and accidentally swallowed a small amount of the gasoline. He claimed that this must have caused the later high breathalyzer reading. The individual finally talked the sheriff into a demonstration to prove his story.
Taken from his cell after one week of incarceration, he swallowed a cup of unleaded gasoline and then blew into the breath machine (an Intoximeter 3000). The results? After 5 minutes, the reading was .00%…..after 10 minutes, .04%……after 20 minutes, the Intoximeter registered .31%…..and after one hour, the reading was .28%. Even after three hours, the person still blew a .24% on the machine — three times the legal limit! (A quick call from the sheriff to a local gasoline distributor confirmed that gasoline contains no alcohol.)
This was not a freak occurrence. The results have been scientifically verified in a study conducted by CMI, Inc., the manufacturer of a competing breath machine, the Intoxilyzer 5000, and reported in 8(3) Drinking/Driving Law Letter 6. CMI technicians mixed a simulator solution of 800 micrograms of gasoline with 500 milliliters of distilled water, then introduced it into their own machine. The solution produced readings of .619%, .631% and .635% — or about eight times the legal limit for “alcohol” levels.
You don’t have to drink gasoline to get a reading on the breathalyzer. Breathing the fumes will do it. Like the next time you’re filling up at a gas pump…
Dear Mr. Taylor:I was intrigued by your posting on breath analysis and gasoline. I am trying to defend my niece in an AZ 2nd extreme DUI case. Unless I find a better line, the fact that she was seen by the cops pumpng gas right before stop seems profitable based on that piece. I am not a trial lawyer and am only doing this at my niece’s request, so I don’t have a whole lot of resources. Do you know of any other gasoline-related cases, experts or other material that might help.I would be very grateful for any help. Your blog is a teriffic asset, particularly for me.Thanks.Frederick Rieck
Frederick, there are a number of forensic toxicologists around the country who are familiar with the non-specificity problem in infrared analysis. If you are in Arizona’s courts, you should be aware that the DUI defense bar there is quite good, and you might consider contacting an attorney for a referral to a qualified toxicologist. Private attorneys I would recommend include Jeff Sirtola of Tucson; Ed Loss of Glendale; and James Nesci of Tucson. Some Public Defenders in Arizona can also be quite good; I would recommend Kathleen Carey in Phoenix.
mr taylor is it possible for diesel fuel to rasie breathalyzer readings,is there any contacts in the nj -pa area that could help me out thanks
Ben, my understanding is that diesel fuel has the same methyl group in its molecular structure as gasoline — and therefore will absorb infrared energy in the sample chamber and result in a higher breathalyzer reading.
mr taylor do you know of any cases involving disel fuel thanks ben
Ben, I’m unaware of any media coverage or legal cases, although of course this is to be expected: very few individuals (attorneys included) are aware of the connection.
Good points, thanks a million for the share.