Breathalyzer Results Affected by How You Breathe Into It

Posted by Lawrence Taylor on July 13th, 2012

As I’ve indicated with numerous examples in earlier posts, these breath machines which determine guilt or innocence in drunk driving cases are not exactly the reliable devices that law enforcement would have us believe. Yet another example of that unreliability is the fact that the results will vary depending upon the breathing pattern of the person being tested. This has been confirmed in a number of scientific studies.

In one, for example, a group of men drank moderate doses of alcohol and their blood-alcohol levels were then measured by gas chromatographic analysis of their breath. The breathing techniques were then varied. 

The results indicated that holding your breath for 30 seconds before exhaling increased the blood-alcohol concentration (BAC) by 15.7%. Hyperventilating for 20 seconds immediately before the analyses of breath, on the other hand, decreased the blood-alcohol level by 10.6%. Keeping the mouth closed for five minutes and using shallow nasal breathing resulted in increasing the BAC by 7.3%, and testing after a slow, 20-second exhalation increased levels by 2%. “How Breathing Techniques Can Influence the Results of Breath-Alcohol Analyses”, 22(4) Medical Science and the Law 275.

For another study with similar findings, see “Accurate Measurement of Blood Alcohol Concentration with Isothermal Breathing”, 51(1) Journal of Studies on Alcohol 6.

Dr. Michael Hlastala, Professor of Physiology, Biophysics and Medicine at the University of Washington, has gone farther and concluded:

By far, the most overlooked error in breath testing for alcohol is the pattern of breathing….The concentration of alcohol changes considerably during the breath…The first part of the breath, after discarding the dead space, has an alcohol concentration much lower than the equivalent BAC. Whereas, the last part of the breath has an alcohol concentration that is much higher than the equivalent BAC. The last part of the breath can be over 50% above the alcohol level….Thus, a breath tester reading of 0.14% taken from the last part of the breath may indicate that the blood level is only 0.09%.” 9(6) The Champion 16 (1985).

Many police officers know this. They also know that if the breath alcohol test contradicts their judgement that the person they arrested is intoxicated, they won’t look good. So when they tell the arrestee to blow into the machine’s mouthpiece, they’ll yell at him, “Breathe harder! Harder! Keep breathing until I tell you to stop!” As Professor Hlastala has found, this method of breathing ensures that the breath captured by the machine will be from the bottom of the lungs, near the alveolar sacs, which will be richest in alcohol — giving a higher (but inaccurate) reading.


  • DUI-The Constitution Need Not Apply

    Dr. Hlastala has generated some interesting work regarding evidential breath testing. Kansas Department of Health and Environment Breath Alcohol Program Manager Christine Houston maintains an extensive file on him in order to attempt to counter his expert testimony when he comes to Kansas.
    However, she is unable to address the science. Instead she relies on the fact that the Kansas legislature has removed the words “reliable and accurate” from relevant statutes regarding the machines. Kansas does not even require the machines to be reliable and accurate! The machines and operators merely need to be ‘certified’ by KDHE.
    Ms. Houston further claims that single sample testing is scientifically valid because that’s what the law says, and that there is no margin of error in a single sample test. She needs to tell that to CMI, manufacturer of the Intoxilyzer 8000:

    Intoxilyzer 8000 Instrument Specification Final –
    10/23/00 Version 1.1, which states:Performance
    Range: 0.003 to 0.600 gram/210 liters (0.015 to 3.00mg/L)

    Accuracy: ±3% or ± .003 grams/210 liters, whichever is greater.

    Precision: Standard deviation of .003 or better.

    CMI acknowledges a 3% or .003 margin of error in every SINGLE test. Combined with Dr. Hlastala’s research means evidential breath testing is “garbage in….garbage out”.
    It is astounding that someone like Christine Houston can sway a jury with this type of misinformation over the expert testimony of someone like Hlastala. Yet, it happens all the time. Ms. Houston is comparable to a ‘flat-earth’ scientist of pre-Columbus days. She is settled cozily in the protective, willful ignorance of untested conformity and consensus. I imagine she would have carried the flame used to burn at the stake any dissident with the gall to propose that the earth was round.
    Christine Houston routinely gives juries misinformation. She helps convict citizens with these tactics….and she is the state of Kansas’ premier “expert” witness for the prosecution in DUI cases.
    Breath machines are junk science for dozens of reasons and states have been forced to compromise their integrity in order to cover up those facts.

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