what now?

The inherent error in most machines are at least .01 and even the “expert” on the side of the police will admit this in front of a judge.

.089 and below could be .079 and that is reasonable doubt. If they can get you convicted on a lesser charge that pays a fine ranging from 300-2500 dollars and make you renew your license which might costs another 100-250 and get you on a high priced insurance for 2-10 years which will cost you 300-1300 annually. Why not take your money? Not to mention if you want to get a “good” “non government” job (since you’ll probably get a misdemeanor and that means no chance at being an agent of the gov. if you plead) you’ll have to get an expunging done to your record. Cha-ching.

as a defendant i must plead not guilty, because how would i know for sure if i was guilty or not?

i couldnt possibly, and neither could anyone else.

just a hypothetical.

the circumstances of my case do not reflect this hypothetical situation , but for the fact i blew a 0,08 bac on a breath test.

2nd, any refusal for testing at all, would be grounds for the refusal summons, which is just like a dui in penalty, very similair.

3rd- under this new way of doing thing i propose, police officers would have to use their heads as to whether or not they want to make a dui arrest , and get a blood tst, on boarderline cases.

the fact is, using breath testing opens the door for the kind of hall way trials, that are sometimes prolonged, that never benefit the defendant if prolonged.

justice is not something that should be pulled out of thin air.

read my post above as well.

every dui case should have blood taken, taken by a validatred method by validated personel, tested with a vaildated method, on a validated gas chromatoraph, with split samples being taken in a validated way, sealed with no head space, and sent to a 2nd certified lab for validated testing.
eliminate all observation convictions, make every case a win or lose or the per se violation.

lawyers under this system would be allowed to audit labs, and have all validation documentation.

the defenses are many to any analytical result, believe me, ive been an analytical chemist for 20 years in several areas.

however, everything right, there should be no problem in the result.

guilty or not guilty, would be clear.

now, a result like this, all comes down to error. error can be found in many forms, but at least it would not be an estimate of bac using breath, it would very pretty much a right on number, given everything was done right.

usually, an internal standard would be used in the methods, isopropyl alcohol, because gc is tricky that way with responses. especially for forms of alcohol.

the result would encompass the actual chromatograms of stands and sample injections, the signal counts from each, the standard/internal standard ratios, the sample/internal standard ratios, and the final result.

everything would be there for review, including maintanance logs for the gc, validation of the method and instrument, operator certification, trhe whole bit.

and thae law, and judges, just as the fda would, should say that the rewsult is invalid, if any one thing was done wrong.

i am talking about striving for and achiewving perfection

THE RULES ARENT FOLLOWED, JUDGES AND PROSECUTORS ARE NOT STRIVING FOR PERFECTION.
THE RULES GET THROWN OUT, AND THERE IS NO REMEDY FOR THIS.