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MOUTH ALCOHOL SENSORS IN BREATH TESTS DETERMINED TO BE UNRELIABLE

By Walin & Klarich

BREATH MACHINES USED BY LAW ENFORCEMENT OFFICERS TO DETERMINE A DRIVER'S BLOOD ALCOHOL CONTENT HAVE A SLOPE DETECTOR TO DETERMINE IF MOUTH ALCOHOL IS PRESENT DURING THE SAMPLE. TITLE 17 OF THE CALIFORNIA CODE OR REGULATIONS REQUIRES OFFICERS TO PERSONALLY OBSERVE AN INDIVIDUAL FOR AT LEAST 15 MINUTES BEFORE ADMINISTERING THE BREATH TEST TO MAKE SURE THEY DO NOT REGURGITATE, VOMIT, OR BURP TO AVOID THE MOUTH ALCOHOL READING. THE PURPOSE OF THE SLOPE DETECTOR IS TO ABORT THE TEST AND SHOW THE RESULT AS AN "INVALID SAMPLE." A RECENT STUDY SHOWED THAT IN 48% OF THE TESTS PERFORMED, A NUMERICAL RESULT WAS PRODUCTED BETWEEN .02 AND .43% AND IN ONLY 52% OF THE TESTS DID IT REGISTER AS AN "INVALID SAMPLE." THIS STUDY NOW RAISES THE CONCERNS AS TO THE ABILITY OF THE SLOPE DETECTOR TO ACCURATELY DETECT MOUTH ALCOHOL...continue to full post

Full post as published by Southern California Criminal Defense Blog on April 15, 2008 (boomark / email).