HOW CAN A DUI ATTORNEY ATTACK THE BREATHALYZER RESULTS?
Lawrence Taylor (retired) discusses all the different factors, besides just drinking alcohol, which can contribute to a breath machine’s detection of blood alcohol in a person. There are several different factors that DUI attorneys can attack in order to question the measurement that the breath machine provides. For example, the breath machine assumes that every person that blows into the machine is average. Obviously, all people are not the same and a person’s gender and race affect how their body reacts to alcohol. People fail to realize that breath machines do not measure alcohol; they detect a group of chemicals in a compound and assume its alcohol. There are all types of compounds that can contribute to the detection of blood alcohol by the breath machine, including a person having acid reflux, diabetes, a person who just painted a house and breathed in some of the paint, or a person who just got done filling their car with gasoline. All of these circumstances produce compounds that the breath machine assumes are alcohol when providing a blood alcohol measurement.
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