DiegoC wrote:
We simply disagree on this matter. There are many documented problems with any breathalyzer system but particularly the hand held breathalyzer. A couple of major problems with the system are:
Calibration, which is what I think you were alluding to when you said that a “problem exist with residual alcohol from previous tests.†Like any precision electronic or electro-mechanical or electro-chemical measuring system, it must be calibrated between uses. A failure to calibrate between uses and a failure to affix a previously unused mouth piece, would be grounds for a dismissal of charges in a US court of law. In addition to the cleaning and calibration between field uses, to be accurate the instrument must be regularly cleaned and calibrated by a trained factory technician.
Another problem is the potential for radio frequency interference (RFI) and/or electro-magnetic interference (EMI) interference. That could come from the police officer’s radio, a radar gun, cell phones, nearby power lines or any other source which emits a radio frequency.
If the measuring device does not have an RFI detector the likelihood of a false reading is very high. In a series of tests conducted on 16 different makes of breathalyzers by the National Bureau of Standards (NBS) for the National Highway Traffic Safety Administration (NHTSA), ten of the 16 breathalyzers “showed substantial susceptibility†to a false reading on at least one frequency thereby questioning the accuracy of any breath test. The other six of 16 in the tests showed minimal interference.
Even if there is an RFI detector on the breathalyzer they have been shown to be unreliable because under repeated testing evidence surfaced that certain bands of frequency can evade and avoid the RFI detector; again this is from NHTSA.
Think of it this way, why don't hospitals allow the use of cell telephones and/or radios in hospitals: EFI and/or EMI (interference) disrupts the accuracy of medical tests. People can die and the hospital can get sued.
The only laws with which I have some degree of confidence are California laws. A person arrested for driving under the influence of an intoxicant -- whether it be alcohol, drugs or a combination of alcohol and drugs - is arrested and tried based on the objective symptoms of intoxication. Those symptoms are established through the administration of a standardized field sobriety test (FST) or some other reasonable objective indicators of intoxication. The blood, breath or urine test becomes corroborative evidence to the peace officers observation of objective symptoms.
The most accurate of the three tests is the blood test, the least accurate is the urine test. So if you get arrested for intoxicated driving in the US, do your defense attorney a favor and ask for the urine test. One test or another doesn't much matter in a place like CR where the laws are flexible depending upon who you are and who you know.
Ok, let me restate the "innacurrate/accurate" claim. I spent 13 years doing the job, used pre-lim devices hundreds of times. I can say that when done properly, nearly every case resulted in a very close "end-result", such as an official breath test or blood test.