DUI BREATHALYZERS IN LAS VEGAS
Breath testers, more commonly known as breathalyzers, have some inconsistencies in the way they test the breath. An experienced DUI attorney will be able to exploit the flawed tendencies of a breathalyzers and use that to the advantage of the defendant.
One of the areas that can result in flawed results is in the breathalyzers inability to properly recognize ethanol. According to several scientific researchers, some breathalyzers will detect the presence of compounds similar to ethanol (ethyl alcohol) and consider it ethanol when in fact there is no ethanol present. Thus an individual that has this non-ethanol substance in their breath will have test results that are inaccurate and could be mistakenly charged with driving under the influence.
This gray area is common in a specific type of breathalyzer which is used by a majority of enforcement agencies, the infrared breath analyzer. These breathalyzers look for a specific molecular group that is found in ethyl alcohol, known as the methyl group. Once the machine detects this methyl group it will report alcohol content in the body. However, there are many other compounds that also have the methyl group in them that are not alcohol. Acetone is a prime example of a non-alcoholic compound that has the methyl group. Acetone, and over 100 other compounds with the methyl group, can be easily found in the human breath. A breathalyzer
can improperly detect alcohol in the breath if one of these other compounds was identified as alcohol.
The situation could develop into a more severe one if the infrared breathalyzer detects multiple compounds with the methyl group. As each compound is identified to have the methyl group, the infrared analyzer will increase alcohol content assumption. Thus multiple non-alcoholic compounds with the methyl group will give a reading that is higher than it should be.
Some of the more common reasons for inaccurately high results with these breathalyzers are:
- Diabetic episodes that aren’t resolved
- Weight-lose diets
- Fasting
- Smokers, as they are likely to have a higher test result since more chemicals are found in their breath due to cigarettes
- Paint, glue, and even gasoline that can be inhaled or absorbed by the body
- Even some bread products.
Multiple properly funded and accredited studies have shown that many everyday products that are not alcoholic can contain the methyl group.