People who are pulled over for a DUI matter are subject to observation and a breathalyzer exam. While the breathalyzer is widely used for field examinations, there has been a growing concern over the accuracy of the test. Courts are often challenging the validity of these claims.
Factors that can throw a breathalyzer off
Some research indicates that there can be as much as a 20 percent margin of error when having a breathalyzer exam performed. The breathalyzer test results can be thrown off if a person has belched, hiccupped or vomited just before the examination was performed. Traces of alcohol left behind in the mouth are enough to throw off the breathalyzer results as well, especially if alcohol has seeped into the crevices of the mouth. The origin of alcohol is another concern when a test is performed. The device cannot distinguish between the various sources of alcohol registering in an exam. Alcohol from the lungs, esophagus and mouth can all be detected in an exam.
During a pullover
If pulled over in Virginia, one is very likely to tested for a breath test using an Alco-Sensor if suspected of being under the influence. Video catching the activity often shows officers informing drivers that the results aren’t valid. Some are even told that the Alco-Sensor results cannot harm them.
Can the results count against someone?
There has been much debate about whether or not preliminary breath test cannot be solely used to prove a DWI for an adult or minor. The Virginia’s Attorney General recently weighed in on the topic:
“It is my opinion that the results of the preliminary breath tests you describe may be admissible for the offenses of underage possession of alcohol, possession, or consumption of alcoholic beverages by an interdicted person and public intoxication at the discretion of the trial judge and subject to the proper foundation.”
The Alco-Sensor can be used against an individual depending on the crime committed. Public intoxication, underage possession and interdiction incidents involving Alco-Sensor results can really adversely impact the outcome of a case. The Alco-Sensor can also affect more serious felony charges as well as in the case of child neglect.
Our law firm helps tackle these delicate matters, giving citizens the defense they need in the event of a traffic stop or DUI incident. Our expertise in DUI defense has is trusted by thousands of attorneys who attend our seminars to learn just how to beat the breath test machine. As experts in this form of defense, we conduct routine training sessions and teach individuals how to beat these cases with these innovative defenses. Our team is trained to interpret testing data from blood testing and breathalyzer exams. If you or someone you love have been involved in a DUI, contact us today to protect your good name. Call us for a free consultation.