Breath Testing

Avon police officers use a method for testing the blood alcohol of a person after making a DUI arrest. This is a breath testing device, also known as a breathalyzer. These tests obtain scientific evidence of the amount of alcohol contained in a person’s blood, which could strengthen the case against that person for a DUI. Breathalyzers work by blowing air into a mouthpiece, which then passes through infrared light inside the device.

Avon Breath Testing

The breathalyzer is based on a scientific law called Henry’s Law, which means the “mass of gas that dissolves in a definite volume of liquid which is directly proportional to the pressure of the gas provided that the gas doesn’t react with the solvent.” This means that if a gas and a liquid are contained within a closed container, the concentration of the gas in the air above the liquid is the same as the gas dissolved in the liquid. This can be thought of as blood inside a container. The blood evaporates until the concentration in the air above it is equal.

Henry’s constant refers to the ratio of the blood in the human body compared to the air, which is measured at a ratio of 2100:1. So, on average, the concentration of alcohol within the blood is around 2100 times more than that of the air. However, the constant that is used creates a problem with measuring blood alcohol concentration in the body. This is because everyone’s size, weight, height, and physical makeup is different. The accuracy of the breathalyzer is questionable, and scientists estimate that breathalyzers have a 0.03% error or greater.

A person’s body temperature can also play a part in the accuracy of the breath testing. Even a slight fluctuation in temperature can affect the alcohol concentration levels in the blood. Taking a large dose of aspirin can also alter the concentration as well as issues like diabetes, illness, and medications.

Something else that affects the accuracy of the breath test is the device itself. The most common problems arise from poor maintenance or improper calibration. Breath testing must be calibrated consistently and in set intervals of time. The administering officer must be trained and certified in administering breath tests because proper use and directions on how to perform the test are critical.

The officer must also make sure to ask the subject if they have burped, eaten, vomited, or smoked immediately before taking the test because anything like this alters the breath sample. Finally, the breath results are only admissible in a court of law as evidence when there are two clear results in a measurement that do not deviate more than .02 from each other.

Consequences and Getting Help

Under Connecticut law, there is something called implied consent, meaning any driver that gets behind the wheel has already consented to a breath test if asked. However, any person may decline to consent to the breath test and face the consequences with the DMV, namely, an automatic license suspension.

However, the consequences of breath testing and the results being used in the criminal case could be even more serious. This is a personal decision that each person must make. A good DUI lawyer can examine a DUI case and determine what possible defenses exist and locate any issues or mistakes made with the breath test if there were any. If you were arrested for a DUI in the town of Avon, call and speak with Lady DUI for help with your case and questions you may have.