Breathalyzer / Breath-Tester Accuracy:
Facts & Information
by David J. Hanson, Ph.D.
An overview of issues involving the use of breath analyzers is found in Breath Analyzer Accuracy. Breathalyers can be very inaccurate so it’s best to reduce your chances of being tested for alcohol, as described below.
Brief Reports on Breath Tester Accuracy Issues
- Breathalyzer Accuracy and DWI/DUI Conviction Rates
- New Breath Test Challenged
- Alcohol Breath Testers challenged
- DUI Tsts Must Now be Accurate
- Unreliable Alcohol Breath Tests in DWI/DUI Court Cases
- Unreliable Alcohol Breath Test (“Breathalyzer”) Readings Rejected
- NJ Hopes to Replace Brathlayzers
- “Tough” and “Lenient” DWI/DUI Judges
- DUI Defendants and Alcohol Blood Tests
- Tongue Studs and Breathalyzer Tests
- Forced Drawing of Blood Without Warrant
- Alcohol Breath Testers: Incorrect Readings
Brief Reports on Related Breath Tester and DWI/DUI Issues
- Ignition Interlock Devices Fooled by Dieters
- Reduce Legal BAC?
- www.snopes2.com
- Alcohol Abuse Treatment for DWI/DUI
- Alcohol Test Kits Given
- Drugged Driving
- DUI/DWI Can Cost $20,000
- Is Ignorance of BAC the Answer?
- Drink. Drive. Go to Jail
- MADD is Wrong
- Hardcore Drunken Driving
- DUI Bumper Stickers
- Drunken Driving by Members of Congress Not Prosecuted
- Hard Core Drunk Drivers
Keep the Change
Sucking on pennies will have no affect on the results of a breathalyzer test. (Therefore, doing so makes no cents!)
Reference:
Readings on Breath Tester Accuracy
American Civil Liberties Union (ACLU). NJ’s Highest Court Places Limits on Use of Force in Taking Blood Samples from DWI Suspects. ACLU press release, 7-26-01.
Nelson, Bruce, and Ames, Tera. Forced blood draws in DUI cases. Communique, 2003, 24(2).
Bumper stickers to deter DUIs. The Washington Times, 9-24-03.
Butterworth, F. Many Undetected, Use Drugs and Then Drive, Report Says. New York Times, November 15, 2002, A20.
Craig Medical Company. Electronic Alcohol Breath Analyzer (Breathalyzer), www.craigmedical.com/Breathalyzer_FAQ.htm
Drivers Can Test Alcohol in Blood. The Washington Times, August 29, 2002, page A3.
Driving drunk can cost $20,000. Washington Times, 1-1-04, p. B2.
Forcon Forensic Consultation. Approved Breath-Test Instruments: Accuracy and Precision Consideration. www.forcon.ca/learning/approved_inst.html.
Hallinan, Joseph T. In fight to stop drunk driving, police draw blood. Authorities often must force suspects to give samples; a dilemma for doctors. Mr. Jones dies in custody. Wall Street Journal, 3-23-04.
Joseph, J. Are Breath Tests Accurate: Defense Lawyers Often Challenge Their Use as Evidence, And Win. ABCNEWS.com. Can be found at www.howstuffworks.com/breathalyzer.html.
Levitt, S., and Porter, J. How dangerous are drinking drivers? Journal of Political Economy, 2001, 109(6), 1198-1237.
Mosier, Jeff. Fighting MADD over the DWI “lie.” Dallas Morning News, 4-22-04
Neff, Elizabeth. Appeals court sides with driver on alcohol test. Salt Lake Tribune, 6-11-04.
New law supersedes Supreme Court ruling on breath tests. Seattle Post Intelligencer, July 1, 2004.
O’Hagen, Maureen. State broke breath-test rules. Seattle Times, July 2, 2004.
Pariser, J. L. In vino Veritas: the truth about blood alcohol presumption in state drunk driving laws. New York Law Review, 1989, 64(1), 141-181.
Peach, R. J. Who tests the DUI test? Defense can't; New Jersey won't let lawyers inspect new breath tests. The National Law Journal, 2000, 23(6), A4.
Peras, A. Miranda rule in DUI law sparks debate. The Greenville News, 8-15-03
Phillips, Robert C. DUI: Nelson vs. City of Irvine. San Diego County Legal Update Bulletin, 1998, 6, 5-12. “Taking blood from a DUI arrestee who has requested a breath or urine test is unlawful, even if not forced, justifying a federal civil rights suit for common law assault and battery.”
Rawls, Eben. The Intoxilyzer isn’t perfect: Judges in DWI trials must stand for justice despite pressure from public. Charlotte Observer, August 20, 2004.
Rodriguez, I. DWI cases handcuffed, San antonio Express-News, 6-7-03
Rosenblum. E. Breathlayzer machines are faulted once more. New Jersey Law Journal, 1988, 122(23), 5.
Sargeant, G. Breathalyzer accuracy challenged. Trial, 1989, 25(12), 22.
Taylor, L. Drunk Driving Defense. New York: Aspen Law and Business, 5th edition, 2000. [This is the best single source of information on breathalyzer accuracy and inaccuracy.]
Taylor, L. Nonspecific Analysis. From Taylor, L. Drunk Driving Defense. New York: Aspen Law and Business, 5th edition, 2000. Can be found at www.california-drunkdriving.org/procedures
Ziemer, David. Both breath, blood tests cannot be taken. Wisconsin Law Journal, 10-8-03.
Zimmerman, N. Breathalyzers do have a host of problems. The National Law Journal, 1984, 6, 12 .
Avoid DWI/DUI
There are good ways to virtually eliminate being unfairly convicted of impaired or intoxicated driving. One is to choose not to drink, another is to pace the rate of drinking and follow other tips for maintaining a low BAC, and another is to select a designated driver.
Don't Drink - If you choose not to drink, you'll find that it's not a big deal to decline a drink. Here are some possibilities:
- No thanks.
- No thanks; I feel good enough already.
- Sorry, my analyst won't let me.
- I can't because I get high on grape juice.
- Not now -- I'm testing my willpower.
- No thanks -- I want a clear head to appreciate you fully.
- Not right now -- the party's wild enough as it is.
- Sorry, I never drink on Friday (or whatever day it is).
- Sorry, I promised my parents (spouse, date, etc.) that I wouldn't.
- No thanks -- I prefer to watch.
- No thanks -- Suzie (or whoever) can't stand me when I drink.
- Sorry -- I'm taking medication.
- No thanks, but I'd love to have a Pepsi.
- Sorry, but I'm the designated driver.
- You can also "lose" alcohol drinks or order such drinks as water, orange juice, seltzer with a twist of lemon, or any of a number of other beverages that lool like alcohol beverages. Most people don't really pay much attention to how much others are drinking and you might find that you actually enjoy yourself as much or more without becoming intoxicatecd. There's no hangover and it's certainly much safer.
Maintain Low BAC - If you choose to drink but wish to keep your BAC low, here are some tips:
- Don't be fooled. The contents of the typical bottle or can of beer, glass of wine, or liquor drink (mixed drink or straight liquor) each contain virtually identical amounts of pure alcohol. When it comes to alcohol, a drink is a drink is a drink and are all the same to a breathalyzer.
- Know your limit. If you are not sure, experiment at home with your spouse or some other responsible adult. Explain what you are attempting to learn. Most people find that they can consume one drink per hour without any ill effects. Also, experiment with the Drink Wheel, which can be very informative.
- Eat food while you drink. Food, especially high protein food such as meat, cheese and peanuts, will help slow the absorption of alcohol into your body.
- Sip your drink.
- Avoid "chugging" contests or other drinking games.
- Skip a drink now and then. Having a non-alcohol drink betwen alcoholic ones will help keep your blood alcohol concentration down, as does spacing your alcohol drinks
- Beware of unfamiliar drinks. Some drinks, such as zombies and other fruit drinks, can be deceiving as the alcohol content is not easily detectable. Therefore, it is difficult to space them properly.
Use or Be a Designated Driver
- Consider either using or being a designated driver. A designated driver is simply a person who agrees to abstain from alcohol and be responsible for driving others home. The others are free to drink or not as they choose. Many establishments provide free non-alcohol beverages to designated drivers.
- Designated drivers have probably saved 50,000 lives and spared many more thousands of people from suffering injury from drunk driving. 1 Over nine out of 10 Americans who attend social events where alcohol is served would like to see designated drivers used. 2 And the proportion of people either using or being a designated driver has increased dramatically over time. Over 73,000,000 Americans either serve as a designated driver or are driven home by one. 3
A designated driver helps friends and family:
- Avoid embarrassment,
- Keep their driver's licenses,
- Avoid fines,
- Stay out of jail, and
- Prevent needless injury and death. 4
There are a number of advantages to the designated driver concept.
- The non-drinker has a legitimate and respected role at a social function where alcohol is served. There is no stigma to abstaining because the designated driver is considered an important member of the group. Being a designated driver can also help legitimate a personal choice not to drink.
- The designated driver approach prevents driving under any level of impairment because that person consumes no alcohol. It doesn't require a driver or passenger to determine if a person is too impaired to drive.
- The server or host can offer a positive alternative to drunk driving by encouraging a groups to designate a driver.
- The designated driver concept is easy to understand, simple to implement, costs nothing, and is effective. 5
Tips for designated drivers:
- Plan ahead whenever you are going to socialize with alcohol beverages.
- Decide ahead of time who will not drink any alcohol before or during the party or event.
- Consider taking turns being the designated driver. Look after your friends and family and they can look after you.
- Larger groups should have more than one designated driver. 6
Breathalyzers and other breath testers may be inaccurate and often lead to unjust fines, imprisonment, loss of employment, and other serious problems but you needn't worry if you choose not to drink, to maintain a low BAC, or to use a designated driver.
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