DUI Breath Test
During the review and evaluation of a client’s case, most of the DUI lawyers in Seattle will generally discover that the criminal case in addition to the administrative DOL hearing are based on the results of breath test. Seeing how the administration of the breath test is a whole lot less intrusive than the blood test, the vast majority of drivers naturally choose the breathalyzers during the DUI investigative process.
However, many respected professionals in this area actually concur that the breath tests are genuinely unreliable. The formulas that are being taken into consideration when converting the air into the representation of the amount of alcohol in an individual’s’ system lead to particular assumptions that put all the individuals under a single average category. However, due to the vast differences in every person’s physiological background, basing such a reading upon something average is unwise to say the least.
Numerous scientific studies clearly demonstrate that breath tests could actually differ from real blood alcohol readings by nearly 15%. In addition, the various toxicology studies indicate that 23% of all people that were tested by the breath analysis will have results that are much more elevated than their actual blood alcohol levels. To be more accurate, this is just poor science.
While the subject is within the stage of absorption (and it is the period of 20-30 minutes after they seized drinking), a breathalyzer will generally overrate the actual level of blood alcohol concentration. Hence, in case and individual is stopped not long after drinking and he or she blow into the unreliable Preliminary Alcohol Screening device only minutes later, the breathalyzer will generally vastly exaggerate the actual alcohol level and the law enforcement officer is going to base the arrest on that very same reading, not the performance of the individual during the field sobriety tests. This implies that an individual could deal with all the field sobriety tests just perfectly, but he or she will still be arrested in case that the breath device will demonstrate that the alcohol level equals .08 or surpasses that number.
The analysis of one’s breath is largely broken down into two different categories:
- Preliminary Alcohol Screening
- Evidentiary Breath Analysis
The Preliminary Alcohol Screening test is most commonly known as the PAS test and is generally administered to a suspected DUI driver right on the spot of the traffic stop, in the back of an ambulance as well as quite often when the driver is under treatment in the hospital. These are tiny handheld devices that are carried by the law enforcement officers and are usually located inside their patrol vehicles. Those devices are generally quite lightweight and are manufactured from durable plastic. It is quite common for those devices to be thrown in the trunk of the police cars or to be dropped directly on the ground.
The breath test was originally used back in the 70s – back then a balloon was simply turning a certain color in case that alcohol was present. Nowadays, the technology behind the PAS device is of course far more sophisticated than back then, but they are still somewhat primitive and not very reliable.
With only a couple of exceptions, the drivers are not required to submit to the PAS during the DUI investigation. This test is generally considered to be another kind of a field sobriety test, but many judges are not even allowing the results of the PAS test as evidence of the defendant’s BAC during the trial. One way or the other, avoiding the test may be a good idea after all.