You or someone close to you has been charged with Drunk Driving (DUI) or Driving While Ability Impaired (DWAI). When you were arrested, you were taken to the police station and had to blow into a "breathalyzer" machine. The machine then printed out a report showing your Blood Alcohol Concentration (BAC for short). Because of this machine here's what could happen to you:
1. Go to Jail
2. Pay A Substantial Fine
3. Lose Your Drivers License
4. Perform Community Service
5. Take Alcohol Education Classes
6. Undergo Court Ordered Therapy and Medication
7. Pay a lot more for automobile insurance (for at least the next 5 years)
8. Lose Your Job or become in-eligible to work if your job involves driving.
9. Have a Criminal Record
The "breathalyzer" machine could very well be wrong. Here's why.
Machine Error
Scientists and courts recognize an inherent error of plus or minus 1%. That means that if everything is working perfectly, a .08 BAC could actually be between .07 and .09. Since the punishments in Colorado vary according to the defendant's BAC, this error makes a huge difference. If a defendant's BAC is between .08 and .19, they can get probation without having to serve jail time. If it is .20 or above, they have to serve a minimum of 10 days in jail.
The manufacturer of the machines used in Colorado states that their machines are accurate to within plus or minus 3%. This has been acknowledged by courts across the country (see, for example, People v. Campos, 138 Cal.Rptr. 366 (California); Haynes v. Department of Public Safety, 865 P.2d 753 (Alaska); State v. Boehmer, 613 P.2d 916 (Hawaii), recognizing an even larger .0165% inherent error).
Operator Error
The person operating the machine must follow all of the required procedures. The machine must be properly calibrated. Things like a defendant's breathing pattern, metabolism and body temperature have been known to change the results.
Non-Specific Testing For Alcohol
The machines in Colorado work by passing a beam of infrared radiation through the sample and measuring how much of it is absorbed by the sample. By analyzing the beam's change of wavelength, it can produce an absorption spectrum which shows the chemicals in the sample. The machine's computer then reads the spectrum to calculate the amount of alcohol in the sample. Alcohol DUI charges involve driving with an excess level of ethanol in your bloodstream. Other chemicals such as other alcohols, ketones, aromatic rings, and carboxylic acids can give similar readings.
Other Chemicals Can Fool The Machine
Studies have found that dieters and diabetics may have acetone levels hundreds and even thousand of times higher than those in others. Acetone is one of the many substances that can be falsely identified as ethyl alcohol by some breath machines. A Spanish study showed that metered-dose inhalers (MDIs) used in asthma treatment are also a cause of false positives in breath machines. Other substances in the environment can also lead to false BAC readings. For example, methyl tert-butyl ether (MTBE) a common gasoline additive, has been alleged anecdotally to cause false positives in persons exposed to it. Any number of other products found in the environment or workplace can also cause erroneous BAC results. These include compounds found paint remover, gasoline and cleaning fluids, especially ethers, alcohols and other volitle compounds. It Could Be Your Metabolism
Your body uses an enzyme called Alcohol dehydrogenase (ADH) to break up harmful alcohols and turn them into Acetylaldehyde. There are seven different variations of this enzyme. Your version depends on your genetics. Some people have a very fast-acting enzyme while others metabolize it more slowly.
Also, the machine assumes that a person has 2100 units of alcohol in his blood for every 1 unit in his breath. This ratio is called a partition ratio and is different for each person. It can be as low as 900:1 or as high as 3500:1. If an individual's ratio is different, their BAC will also be different. If a person with a true blood alcohol level of .049 (not Guilty) and a partition ratio of 1300:1, the "Breathalyzer" will give a result of .09 (Guilty).
If you have been charged with an alcohol dui or dwai offense, you should contact an attorney to evaluate your case. In spite of what the machine says, you may not be guilty.
Wednesday, March 25, 2009
Subscribe to:
Posts (Atom)
Posts
