When a person is suspected of driving under the influence, New Haven police officers use breathalyzers to obtain a person’s blood alcohol content (BAC). They use this as evidence of intoxication against the person in criminal proceedings and Department of Motor Vehicles (DMV) administrative hearings. The test is administered by the officer instructing the person to blow through a tube for a specified amount of time, as hard as they can. You can learn more about breath tests on this page.
The science involved with breathalyzers is very complicated, but at its most basic, it is based on a theory called Henry’s Law. Henry’s Law posits that a mass of gas is equally proportional to a liquid when the gas dissolves from that liquid and does not react with the liquid. Essentially, this means that if a liquid with alcohol in it is placed in a closed container, the air above the liquid will eventually have a proportional amount of alcohol in it. This ratio, known as Henry’s constant, is 2100:1.
However, this number is imperfect because the ratio changes depending on a person’s lifestyle, physical make-up, and genetics. Even the body temperature of the person in question may have an effect on the results.
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Not only does the person taking the test to affect the results, but also the machine itself. The most common issues include poor maintenance and improper calibration of the device. There are also procedural rules involved that arresting officers sometimes mess up. For example, the calibration must be maintained at consistent, set intervals. The person in charge of administering the test must be certified to do so, and the administrator must make sure the test is done with a clean airwave, i.e., not after burping, vomiting, or even smoking. Further, the person administering the test must make sure there are two reliable tests that result in measurements within .02% of each other.
In Connecticut, there is an implied consent rule, which means everyone has implicitly agreed to take a breathalyzer if they drive on a public roadway. However, this only applies to the DMV side of things. Refusing a BAC test will result in the DMV automatically suspending your license, the same as they do if you fail the BAC test.
However, the BAC test results are used as evidence against you in the criminal proceedings, and refusing to take a breathalyzer may possibly prevent the state from gathering crucial evidence against you. It is the call of the person to make when presented with the option by the police. You can also contact a DUI defense lawyer for assistance in making decisions after you are pulled over or charged. If you have been arrested for DUI, contact Lady DUI today to speak with a lawyer on these matters.
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