Breathing Paint Fumes = High Breath Test Results?
Posted by Lawrence Taylor on February 28th, 2008In “Why Breathalyzers Don’t Measure Alcoholâ€, I mentioned one of the many reliability problems breath machines have: they falsely report any of thousands of chemical compounds as “alcoholâ€.
Scientific studies have clearly proven this defect, a problem referred to as non-specificity. My post “Driving Under the Influence of…Gasoline?†presented a practical example of one such compound. But is gasoline the only chemical product that has been proven to falsely register as alcohol on these machines?
Far from it. See, for example, “The Response of the Intoxilyzer 4011AS to a Number of Possible Interfering Substancesâ€, 35(4) Journal of Forensic Sciences 797, where researchers found numerous common substances which were falsely reported by breathalyzers as alcohol — including methyl ethyl ketone, which is used in lacquers, paint removers, cements, adhesives, celluloid and cleaning fluids. Another compound, toluene, also caused false high readings and is commonly used in paints, lacquers, varnishes and glues. Yet another is isopropanol, commonly known as rubbing alcohol. Fumes from these chemicals can be inhaled or absorbed through the skin.
In an interesting scientific study, researchers performed tests on a professional painter who was exposed to lacquer fumes under controlled conditions. In the first test, he sprayed paint in a room for 20 minutes, wearing a protective mask; his blood and breath were then tested. Although the blood test showed no presence of alcohol, a breath machine (Intoxilyzer 5000) indicated a reading of .075% blood-alcohol concentration –very close to the legal limit of .08%. “Lacquer Fumes and the Intoxilyzerâ€, 12 Journal of Analytical Toxicology 168.
Yet another scientific study discovered that diethyl ether, found in some plastics and automotive products, can be inhaled and detected by breathalyzers as “alcoholâ€. “Diethyl Ether Interference with Infrared Breath Analysisâ€, 16 Journal of Analytical Toxicology (1992). The researchers concluded that “the possibility of interference with an alcohol reading by ether or by other substances may therefore render prosecution more difficult if not impossible.â€
MAYBE SOMERTHING LIKE THIS CONTRIBUTED TO THE BAC READING I HAD ON THE ALOTEST.
AS AN ANALYTICAL CHEMIST, IVE BEEN PRACTICALY WASHING MY HANDS IN METHANOL, ISOPROPLY ALCOHOL AND A VARIETY OF OTHER SOLVENTS, FOR 20 YEARS.
I WORKED ALL DAY LONG BEFOR I BLEW INTO THE ALCOTEST
I understand that I am asking a completely off topic question, but I can’t get an answer from my lawyer and the RIDL website is not functioning.
I was charged with a DUI in Pennsylvania in December. I had a a preliminary hearing where my lawyer arranged for me to enter into “Accelerated Rehabilitative Disposition” but I have not plead guilty or no contest to anything yet. On the night of my arrest I was confused by the language in the form that the officer read me regarding the chemical test. After asking the officer three times to clarify, what the form meant (and the officer refusing to do so) the officer said “that’s a refusal”. The upshot is that I will now receive substantially higher fines and will lose my license for over one year.
I asked my lawyer to get me a copy of the form and he advised against it, basically saying that if the prosecutor thought I was trying to “rock the boat” he would be much harsher. However, I need to get this form for a very important reason. I found the “revised DL-26″ form that PA apparently uses for DUI arrests. This appears to be a form that came into use in December 2003 after PA changed its DUI laws. I know for a fact that the form I signed on the night of my arrest (the same form I was questioning the officer about) is NOT the same form as the “revised DL-26″. The language in the “revised DL-26″ is much clearer than the language in the form that was read to me.
Does anyone know if police departments are allowed to have their own versions of these forms, or do the forms have to be the same all across the state? If the police officer did use the wrong form on the night of my arrest would that give me any recourse with regard to the DUI? I don’t know if the cop used the wrong form, if the one he read to me is the latest form or if it would matter if at all anyway, but I do not want to plead guilty to a DUI charge without making sure that the state followed the law to the letter. Sincere thanks for any advice anyone on this site can offer.
Mr. Taylor, I was reading one your lectures last night about the warranty on breath test machines. I have a client who was charged with DUI based on AlcoTest 7410 Plus, in use here in Northern CA by the CHP. Based on your tip, I read the manual and there it states:
‘Repair of the instrument may only be carried out by trained personnel. We recommend all repairs be carried out by DraegerService.”
Interesting….
What is the definition of “Trained Personnel” ?