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Reply #1: Considering that the breathalyzer [View All]

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mjane Donating Member (161 posts) Send PM | Profile | Ignore Tue Sep-14-10 10:05 AM
Response to Original message
1. Considering that the breathalyzer
requires several seconds of air to be exhaled BEFORE it sends a sample into the chamber, I'm not sure a burp could affect the results.

It is designed to test alveolar lung air, and not mouth alcohol, and this is how it is achieved.

In my state, anybody arrested for DUI who takes a breath test, by law must be offered the chance to get a blood sample taken as well, from a dr/hospital of THEIR choice. If one wasn't impaired, iow one would know one wasn't a .15 and would of course (if you had a brain) seek a blood test to refute that result.

Iow, the device and the process has more built in ways to protect the innocent than any other type of crime. If a witness lies, and they are the only witness - you are somewhat screwed. If the breathalyzer "lies" (and it's obscenely accurate, but assuming arguendo it was somehow inaccurate), you still have the right (at least in my state) to get a blood test of YOUR choosing to refute the state's evidence.
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