by Jim Roberts

If you happen to be pulled over for a DUI, chances are you'll be asked to take a Breathalyzer test. There have been many studies that have shown them to be innacurate, regardless if you refuse the test in many states you could have your license suspended. Given the fairly inaccurate results, and the incredibly negative consequences of being convicted of false DUI it would seem there should be a greater public awareness of these issues.

When you take a blood test you directly measure the level of alcohol concentration, compared to breathalyzers which do not measure directly. Breathalyzers do an indirect test of alcohol levels by giving an analysis of the chemical components of the breath, and measurements of key factors.

One problem then, is it really identifying alcohol and properly measuring the concentration? Most machines detect and measure ethyl compounds in the mouth and assume these compounds to be alcohol. False positives can be produced, especially in older breathalyzer models, when chemicals with similar structures of ethyl alcohol are mistakenly identified as alcohol.

There have been cases of people who have absorbed the fumes of paints or gasoline, such as painting a room over a day, and gotten a false positive. There have also been studies that have shown that the the yeast in bread and smoke from cigarrettes are more likely to exaggerate results.

Similarly, some diabetics and dieters have faced problems with machines mistaking their higher-then-average acetone concentrations (caused by low blood-sugar) as alcohol. Although many of these problems have been lessened through the use of newer technologies, no breathalyzer is completely failsafe.

Another potential issue with breathalyzer tests is the timing of the test. If you test a driver too early, you can get a false result. Because of the time needed to absorb alcohol it takes a while for the body to absorb the alcohol completely. The results can be artificially high based upon the higher levels of alcohol in the arterial blood that is measured by the breathalyzer.

In other words, if a person is given a breathalyzer test during this period, where there is no uniformity in the distribution of alcohol, their arterial blood (what is being used by the lungs, and what is being read by the test) has a much higher BAC than the rest of the body. This can be countered by taking a blood test that draws from venous blood.

Being convicted of a DUI can be a devastating life event. It's important to know that the breathalyzer isn't perfect, and if at all possible if you believe the results to be false ask for a more accurate blood test.

Your best solution would be to hire a competent DUI attorney to help you determine whether the breathalyzer results can be contested, and whether the test was taken accurately, and obtained legally. Important choices must be made, and it's very important to be sure that your tests were taken accurately.

About the Author:

Jacksonville Criminal Defense Attorney Lee Lockett offers comprehensive Criminal Defense Services for Jacksonville DUI cases. You are welcome to reprint this article - but get your own unique content version here. Mesothelioma attorney.

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