Breath testing is a commonly used technique by law enforcement officers in Milford after arresting a driver for driving under the influence (DUI). Breath testing machines used in Connecticut are breathalyzers. They use infrared light to detect ethanol in the molecules of a person’s breath once they exhale into the device. The way that the device works is that the breath passes through infrared light beams inside the detector. The device then calculates the absorption of ethanol in the molecules. The breathalyzer results are often used as evidence in a DUI case, despite their questionable accuracy. You can learn more about these tests and potential issues with them on this page.
Breath analysis is based on the scientific method known as Henry’s law. Henry’s law is officially defined as “the mass of a 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 is a very complicated way of explaining that if a gas and a liquid are contained together in a closed area, the concentration in the air above it is equal to the concentration in the blood. Henry’s constant, which is derived from Henry’s law, refers to a fixed constant of the ratio given to the blood in the human body. This constant is estimated to be around 2100:1. This means that, on average, the concentration of alcohol in the blood to the air is around 2100 times more than air.
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However, there are many issues with this assumption and the breath tests overall. One issue is that there cannot be a normal status for the blood/air equilibrium because not every person has the same physical makeup. Scientists estimate that there can be up to a 0.03% error or more with a breath machine like a breathalyzer. This happens due to the normal ratio being used as a constant with the machine.
Additionally, issues with the body temperature of the person giving the breath sample could impact the reported results. Even a slight increase in the temperature of the person could affect the results. Likewise, a drop in temperature could cause issues. Even taking a heavy dose of aspirin before giving a breath sample could cause the results to be inaccurate. Other factors like illness, medications, and being diabetic could cause the same result and alter the test.
The breath test results can also be unreliable when the device is poorly maintained or calibrated incorrectly. These are two very viable defenses for a Milford DUI. The administrator of the test must also be trained and certified in administering the test, and if the certification is not up to date, the test could be thrown out.
Other factors that could affect the accuracy of the test are things like smoking, burping, eating, or vomiting before taking the test because these can alter the breath sample. Lastly, in order for a breath test to be admissible in court, there must be two clear results that are within .02 in measurement from each other.
Under Connecticut law, each driver is considered to have implicitly consented to giving a breath sample if requested by law enforcement. However, each person has the freedom to decline the test and face the consequence from the DMV of an automatic license suspension. The consequences of consenting may be even more serious, as the evidence from the breath test can be used to support the DUI case.
A good DUI lawyer will be able to find any errors or defenses in a DUI case. If you are looking for a DUI lawyer to represent you, or you have further questions regarding breath testing in Milford, call Lady DUI to find out how we can help.
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