The test results showed breathlessness or an alcohol concentration (BAC) above the legal limit can be one of the most damaging evidence in the context of driving while intoxicated (DWI) or driving in the experimental group (DUI) in force. Although the damage, however, breath tests is not strong. Several factors can cause false or inaccurate readings, allowing defense attorneys DWI test their skills on the court.
The usual way to question the results of breath tests include:
Calibration error
Such machines, breathalyzers degrade and become less sensitive over time. Proper calibration needed to ensure accurate results. The evidence that the machines are not properly adjusted and / or maintenance can question the results.
Operator Qualification
In most states, strict laws to regulate the operation and maintenance of breath machines. Because these devices are very sensitive, the operator must be able to adapt to different environments, the state of biodiversity and physics. An examination by police officers are not trained can make precise and unreliable.
The absorption of Defense
The absorption of alcohol into the bloodstream takes time. By some estimates, it may take up to two hours for the alcohol consumed to reach the equilibrium distribution throughout the body. Breath test administered at the time that can be made accurate results, since the content of alcohol is not consistent in different areas of the body. Furthermore, if the alcohol is not absorbed into the bloodstream does not contribute to the level of toxicity.
Biological variable
Results of breath tests is based on standard mathematical formula that relates the amount of alcohol in the breath of a person in the amount of alcohol in your bloodstream. The formula, however, only applies when all biological variables in accordance with the rules. Breath alcohol blood alcohol ratio varies among individuals and varies from time to time, changes in body temperature can also affect the results.
Summary
However, there are many ways in which the breath test could result in inaccurate or misleading, leading to a situation in which the defendant can and should challenge the evidence in court. For more information about the breath test is administered and how they respond to external interference, visit the Austin DWI attorney http://www.dwi-lawyers-austin.com Morales and Navarrete.
Joseph Devine
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