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Criminal Law

: DUI Blog

DUI?or Anemic?

By Lawrence Taylor

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I’ve commented repeatedly in the past about the inaccuracy and unreliability of breath-testing devices used in DUI investigations. This is due to a wide range of factors, including inherent design defects (see, for example, my previous post “Why Breathalyzers Don’t Measure Alcohol”); ineffective calibration and maintenance of the machines; improper administration of the test; radio frequncy interference; and, most importantly, physiological variability in humans. The main problem with breath machines is that they are designed to assume all human beings are the same (see “Convicting the ‘Average’ DUI Suspect”). In fact, we are all very different from one another in ways that are critical to such testing — and we are ourselves physiologically different from one moment to the next...continue to full post

Full post as published by DUI Blog on September 26, 2008 (boomark / email).

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