Breath Test

Flaws associated with any Breath Machine potentially resulting in elevated results

Henry’s law states “At a constant temperature, the amount of a given gas dissolved in a given type and volume of liquid is directly proportional to the partial pressure of that gas in equilibrium with that liquid.”

This principle of science was discovered in 1803. Although purported to be the scientific basis for the Breath Machine, thereby giving credence to the results produced by the machine when someone blows into it, Henry’s Law doesn’t work in an open system (your lungs). This is one of many flaws associated with any Breath Machine, but not the only.

No Continuous observation for entire 15 minutes before first breath sample
Many Officers will attempt to include transportation time as part of required observation period, but if he goes to his trunk and/or walks around before removing you from police car, or you were left alone at anytime prior to taking the test this should not be counted in the 15 minutes.

You burp, belch or regurgitate within 15 minutes of the first breath sample

Your Health
Asthma, Bridgework, Bronchitis, Chronic Obstructive Pulmonary Disease, dentures, Emphysema, Gastric Reflux, gum disease, Gingivitis, Hernia, Irritated Bowel Syndrome (diagnosed and treated before date of arrest).

Your behavior does not match test results
This must be shown by a neutral independent witnesses

Breath test room Interference
Radio Frequency Interference from a cell phone, radio, or other equipment may cause the breath machine to give artificially high reading. In addition a shared power supply with heater or other appliance.

Recent exposure to volatile fumes
Lacquer, gasoline, paint, dry cleaning fluids with cumulative reading can cause an elevated result.

Air bag
“The Tyndall effect.” A gas propellant is used to deploy your air bag. This can cause diffusion of light in the breath machine therefore causing an elevated result.

Something in mouth containing alcohol
Breath Drops with alcohol, Snuff, etc.

Improper or out of agreement tests
To be valid a breath machine result must have two test where both results are within 0.02% of each other.

Elevated Temperature
Fever, hot tub, sauna, detention in hot sun or back of patrol car in summer, dancing, menstrual cycle can all cause your body temperature to exceed the “norm” as set in the machine.

Results not obtained within 3 hours
The law requires that the government prove the test was taken withing 3 hours of the driving.

Irregular blowing pattern

Alcohol consumed after driving