Author Topic: Can You Beat A Breathalyzer Test?  (Read 937 times)

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rangerrebew

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Can You Beat A Breathalyzer Test?
« on: December 27, 2018, 05:03:13 pm »
 
Can You Beat A Breathalyzer Test?
 
By Aliyah Kovner
26 Dec 2018, 18:05

New Year’s Eve is around the corner, and for most of us, that means a decent amount of alcohol consumption. One ever-present concern of hitting the bars is gauging whether or not you are safe to drive. If you do decide to get behind the wheel, there is the chance that you could get pulled over by the police and given the dreaded breathalyzer test. Alternatively, you might own your own breathalyzer, and rely on it to tell you if a night of imbibing has left you above or below the legal blood alcohol content (BAC).

Given that these devices can be the deciding factor between a wave goodnight from a highway patrol officer and a costly criminal offense, it’s fair to wonder how they work – and if they work.

What Breathalyzers Do

https://www.iflscience.com/health-and-medicine/can-you-beat-a-breathalyzer-test/
« Last Edit: December 27, 2018, 05:04:00 pm by rangerrebew »

Offline Smokin Joe

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Re: Can You Beat A Breathalyzer Test?
« Reply #1 on: December 27, 2018, 11:21:49 pm »
You'd better have a really good expert witness in court. The machine reads breath alcohol, not blood alcohol, and the conversion to a blood alcohol content requires that the person physiologically conform to certain assumptions about blood chemistry and pulmonary function.  When medical issues put that person outside that 'normal' range, the results are incorrect.

A properly conducted blood test can give better data, but the weight of the blood must be considered, not equated with the weight of an equal volume of water as is done in some methods, which gives a higher apparent BAC.

The best way to beat it is to not drink if you are driving.
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis

Offline rustynail

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Re: Can You Beat A Breathalyzer Test?
« Reply #2 on: December 28, 2018, 12:06:57 am »
Do not take a 'field sobriety' or a breathalyzer test.

Offline Smokin Joe

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Re: Can You Beat A Breathalyzer Test?
« Reply #3 on: December 28, 2018, 12:30:52 am »
Do not take a 'field sobriety' or a breathalyzer test.
Many States police will arrest you on the spot, and through the implied consent agreement that is part of getting your license, revoke that license for refusal to take an evidentiary BAC test. The question is, in that particular jurisdiction, if the field tests are considered to be evidentiary tests.

Some States consider the Horizontal Nystagmus gaze test and the others to be screening tests for probable cause to perform a blood alcohol test which passes the rigors for being admissible as evidence, others do not, but consider them evidentiary tests themselves. Field breathalyzers are often, but not always considered to be screening devices, some give readings that may be accepted by that jurisdiction as proof of DUI.
Tests involving physical movements which can be affected by weather, surface, or the physical abilities of the person being tested should have those issues noted--and especially advise the officer of any disability or condition which might affect the outcome.
The other bugaboo is that in some states (if not all) there is a subjective clause which allows the testimony of the officer that you were visibly impaired, too much so to operate the vehicle, as evidence of DUI--which was mandated by the plethora of new and different intoxicants available for which there is no field toxiclogy screen or test.

Refusal may create more problems for you in the long run than taking the test, and it varies from jurisdiction to jurisdiction. If you drink, even in moderation, and drive, you would be wise to learn the specific rules for your area.
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis