Comments on: Breath-Alcohol Analysis: How Reliable Is It?

By: Phil Mckrackin

Phil Mckrackin — Sat, 24 Oct 2009 04:26:46 +0000

Bob,
Don’t you find it Ironic that with regards to speeding the NMA says all they want is to have scientifically set speed limits and they want to follow the 70 years of traffic engineering science that says we should post the 85th percentile speed for the greatest safety benefit. Then switch channels and go to the NMAs blog on drunk driving and all they want to do here is ignore the past 75 years of science and let all the drunks roam free on the highway. NMA asserts that they were formed to protect the rights of American Drivers. If you join and you get a ticket, go to trial and get found guilty, they will pay your fine. How does that program, of promoting careless and neglegent behavior in NMA members, protect my rights as an American driver? The NMA is for anything that relieves the drivers of responsibility for thier choices and thier actions, they have no desire to make our highways any safer, and all they really want is freedom from financial retributions attached to poor driving choices.

By: Bob

Bob — Tue, 15 Sep 2009 13:52:44 +0000

One “expert” claims that breath alcohol testing is bogus and you are willing to throw out over 75 years of research, analysis and testing? You want to ignore Borkenstein’s research? Harger’s? Forrester’s? Gullberg’s? NHTSA’s? Every State forensic lab that must approve these units before they are used? You want to be taken seriously and yet you use Hlastala? Why isn’t he filing a federal class action lawsuit against each breath alcohol manufacturer? Against NHTSA (after all it is NHTSA that approves every breath alcohol testing unit for evidential use)? If you can scientifically validate your “conclusions” why aren’t you taking legal action on a national level? Here’s why: because breath alcohol testing works. It is accurate. It is precise. It is valid. If you wish to be taken seriously, how about “showing your work”? Stop your whining.

By: Melissa

Melissa — Thu, 10 Sep 2009 02:59:52 +0000

My husband was arrested for DUI recently. We are set for court soon. The officer did not mark anything down during the fiel sobriety test. When it was time for the breathalyzer he did not inform my husband to take out his dentures, even though he had asked the question on the form and marked that he did have them. He told my husband it would be fine if he could make a seal around the machine. His test showed a BAC of .12. When we got home I calculated the amount it should have been on a BAC calculator through some website. It showed that he should have had a .02 reading. We plan on fighting this with a defense of mouth alcohol as he really was not incompasitated. What I want to know is, can we sue the police for neglagance? This is costing us over 5,000 in legal fees along with the severe emotional strain. If the test had been done properly this would not have happened and I do not feel we should have to bear this cost. I am not wanting a huge settlement but in a family of six (4kids 10 and under) this is a huge finacial burden; but at the same time, I do not see trusting a public defendent with this. We were pulled over for a headlight being out and there were no irregular driving or any video of the arrest. Also the cop left me in the car (and I had atleast three or four more drinks than my husband, which my husband told the officer because he was conserned for me.) and told me to sit there for an hour or two and come pick him up at the station. Obviously he didn’t think I was over the limit. I realize the officer did not know what he was doing and was trying to be nice, but the fact is his neglagence has costed us a lot.

By: Craig

Craig — Thu, 05 Mar 2009 20:49:25 +0000

I am not a lawyer but it seems insteed of fighting city hall to admit there is a flaw it there machine, say the breatalyzer 2000, that maybe a group of wrongfully charged individules who have had there lifes ruined. should sue the manufacture of the machine in a class action suit. as the manufacture it’s there 3rd party involvement that gives the false information leading to your pain and suffering and the finacial expence of so many not to mention the loss work, time in jail, impounded vehicle to so many while the manufacture profits from the knowingly false reading there product suplies.

By: Phil Mckrackin

Phil Mckrackin — Tue, 06 Jan 2009 21:33:56 +0000

Diane spero writes(here in wst palm beach, fl they droppd a bunch of dui’s because the breathalyzer was not maintained properly. it is not a good indicater of blood alcohol. also cops do not know to adminster it properly.

It is a good thing when checks and balances work. If the Breathalyzer wasn’t maintained properly then any DUI’s based on the results should have to be tried without the results as evidence. I disagree and Believe when properly used it can be a good indicator of BAC and if someone is too intoxicated to drive an automobile. I disagree with the lower of stautory BAC levels to .08 though. I am sure that you meant only the cops in Wst Palm Beach(since that is who you are familiar with) When you said “also cops do not know to adminster it properly” Because a blanket statement to include all cops would mean you are aware of the training recieved nationwide by police officers, and could point out where there are deficiencies in that training for each geographical area of employment for those police officers.

By: diane spero

diane spero — Thu, 11 Dec 2008 00:09:43 +0000

mary i would request counsel , if you don’t have any. have them contact your dr. the dr can provide information regarding your condition and treatment. this should be investigated especially if they knew of your meds.
please fewe to email at preventionconnection@comcast.net i haven’t got my license back due to the inablity to do car breathalyzer due to breathing problem.
first lung dr didn’t not help me, going to another soon.

keep fighting i have been and will continue too.

diane

By: Mary

Mary — Wed, 10 Dec 2008 23:07:05 +0000

I amon probation for a DWI in New york State.For the second time I have tested possitive at probation .03.I have not been drinking I have sever asthma and alergies.I was arrested Monday and may be sent to jail for 6 months.The officers that had to take me in even suggesed that it is my medication.The probation officer says no and I must go to jail or in house rehab.I work 2 jobs and would become homeless when I got out.With all the people looking for jobs today I am sure mine would not be sae for 6 months.What can I do?

By: John

John — Wed, 24 Sep 2008 00:35:18 +0000

Draw blood!

By: diane spero

diane spero — Thu, 19 Jun 2008 13:40:21 +0000

i have an indented chest bone. i don’t have good breathing capacity. i got a refusel because i was physically unable to do it. was not offered the option of a blood draw.

here in wst palm beach, fl they droppd a bunch of dui’s because the breathalyzer was not maintained properly. it is not a good indicater of blood alcohol. also cops do not know to adminster it properly.

the one they want to put on my car, i could not do. have dr letter they want to try to have it so i can do it.

foods can trigger false readings on breathalyzers, perfumes, etc.

the one they put in cars is dangerous, if you don’t breathe fast enough when driving the car shuts off.

i would advise to have a lawyer who has sucess with dui, and one tells you to plead.

if i had the lawyer i have now this case would have been thrown out. there are issues than dui in my case.

madd has gone to far, its time for people to stand up for reasonable dui laws.

the cops, mad, dmv, insurance company’a are all in it together.

i have done 8 months of a dmv supervision program, for a license i don’t have.

someone has to take me 25 miles each way.

i have had many screw ups.

i will keep working till i get results.

i have letters verifying my recovery status, as letter from my therapist regarding my asperger’s syndrome
and how it effects me.

diane

By: Ivy

Ivy — Wed, 18 Jun 2008 20:29:14 +0000

I was caught for drink driving and was made to do a breath test. The 1st test shown mouth alcohol-result invalid, as I had sprayed a breath spray many times. I was told to gargle my mouth with water and retook the breath test again. The result shown 41 microgrammes of alcohol in 100 millilitres of breath, which exceed the prescribed limit of 35 microgrammes of alcohol in 100 millilitres of breath. I feel that the breath test is not accurate. Can anyone advise whether it does affect the reading of the test result? as I will be charged in court soon and if this could be considered a strong case I would like to engage a lawyer to appeal my case.