- They require that you blow into them two times for each test.
- They may be used thousands of times between each cleaning.
- They are not used by hospitals.
- They assume you are a 150 pound male.
- They assume you fit their definition of the average human subject.
- They are computers and sometimes make mistakes.
- They were designed by scientists to determine identity of substances, not their amount. (I.e. qualitative v quantitative devices)
- They have have been known to report false high results on normal people.
You should also know that these four things can cause abnormally high results:
· Atkins Diet
If a person has been a disciplined follower for 90 days or more.
· Dental Work
If you have dentures, capped teeth, missing teeth, braces, retainers or other types of extensive dental work and have been drinking at all.
· Chemical Exposure
If you work around volatile chemicals, or have been on the day of your stop, you should know that many substances can cause false high results. All petrochemical products, some household cleaning products, floor strippers and refinishers and oil based paints may affect the reported number.
People who work in oil fields, car body shops and as manicurists should be particularly careful with their decision to take a breath test. The substances in these work environments enter the body through the skin and the lungs. They are very harmful if overexposure occurs and will be mislabeled as "alcohol" by the breath test machine.
· Airbag deployment
Some scientists believe, and some studies have shown, that the substance used in air bags to preserve the bags can be inhaled into the lungs and affect a breath test if still present. These cases are rare, but be advised that if you have been in an accident where an airbag has deployed, the airbag may cause a breath test to report more alcohol than is actually present.
Although it's is your decision whether or not to take a breath test, you probably should not because you don't have to prove your innocence to anyone. A license suspension is not automatic provided you request Administrative License Revocation hearing within 15 days of your notice. Your odds of losing your license are fairly equal whether you take a breath test or refuse one.
If you take the test and it reports a number of 0.080 or higher prosecution of your criminal DWI case has become much easier for the government to obtain your conviction.
(1) If you don't take a breath test, the State can and certainly will tell the judge or jury about your refusal during a trial. Some people think a person who refuses is guilty. Most people, though, believe that a person with an alcohol concentration over 0.08 is guilty.
(2) Please be advised that a "refusal" as used for these purposes is defined as the failure to print a breath test result whether you try to give one or not. Also, if you request an attorney to help you decide whether to take a breath test is also considered a "refusal"..