Archive for August, 2011

Inaccuracy of a Breath Test In Kansas Breathalyzer Testing

Wednesday, August 3rd, 2011

Alcohol levels of a driver are often measured by police officers administering a breath test. DUI attorneys have questioned the accuracy of this test for years. Recent studies have proven that a variance in breathing patterns can greatly affect the accuracy of results. The exact time the test is administered in correlation to the time alcohol was consumed more so than amount also greatly affects the results. The influences of variables can either significantly decrease or greatly increase the results of a breath test.

The idea of a police officer administering a breath test on the spot was originally to give an immediate accurate account of a driver’s alcohol level. When stopped drivers respond in different ways. The different emotional responses of drivers can affect the ability of the breath      machine to give an accurate measurement. The response to being stopped can cause tears, shock, hysteria, or even anger, all of which can give a false account of alcohol content when measured through a breath test. Individuals also have difference in normal breathing patterns and rates. Hyperventilating or short shallow breaths could lower test results. Blowing deeply and aggressively or holding your breath prior to exhaling could result in an increased alcohol breath result. Therefore, the events, actions, and emotions at the time a breath alcohol test is administered can affect the accuracy of the results.

At best the results may be a guess or estimate to the actual level of alcohol content. Drivers are often unaware of the variables that affect a breath alcohol test. In retrospect, police officers are well aware of the variances and the how to manipulate the situation to get an in accurate result. Police officers often guide drivers they believe have been drinking by asking them to take a deep breath, hold it, and then blow into the breath test. This will give and increased inaccurate account of breath alcohol content. The officers also do not inform you that your temperature at the time the test is administered also affects the results. If you are ill which could be a reason your driving is skewed can affect and increase the results. On the contrary, if the person has been drinking a cold drink or eating ice the results could be lower than accurate.

Ultimately, the many variables that can affect an alcohol breath results could be beneficial when you meet with an attorney. Everyone is made up emotionally and genetically different. The difference in your reactions, emotional state and physical well being at the time you are stopped and tested for DUI can affect the outcome. Kansas law only requires the individual be administered one breath test when in actuality taking several tests several minutes apart would give a more accurate account of actual alcohol content levels.

If you have been charged with a DUI seek legal counsel in order to understand your options. Contact the DUI Clinic as soon as possible. We will file your driver’s license appeal – whether you hire us or not. At the DUI Clinic we will give your case the personal attention it deserves. Our goal is to help put the DUI/DWI charge behind you quickly, aggressively fighting first time offenses, striving to not let one mistake follow you a lifetime. Call (913)262-4444 or toll free (888)-4-DUI-CLINIC for a free consultation if you have been charged with a drunk driving offense.