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Breathalyzer is called into question

"But defense attorneys have long believed the breathalyzer is faulty."

Shocking to hear that about people whose goals are to get not guilty verdicts.

 
lower the limit to .000
jail time for 1st offense

Ah yes - the kill'em all and let God sort'em out strategy. Or the zero tolerance policy - we see how well that's worked out.

I'd be more interested in learning what'll happen when a fully autonomous self driving car like the one google is developing w/o a steering wheel kills someone with a drunk in the car.
 
I think the tests should be accurate, my point is that we are way too lenient on drunk driving

I doubt u say that if you had a glass of wine for dinner ,drove then got into an accident in which somebody was killed and blew a .09 into faulty breathalyzer. Charged with man slaughter and sentenced to 10 years.
 
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Ah yes - the kill'em all and let God sort'em out strategy. Or the zero tolerance policy - we see how well that's worked out.

I'd be more interested in learning what'll happen when a fully autonomous self driving car like the one google is developing w/o a steering wheel kills someone with a drunk in the car.
I hope you never have to bury a couple of friends or family murdered by drunken drivers.

Yeah, I'd kill them all- gladly.
 
https://www.zdnet.com/article/draeg...10aaa6b&bhid=20937228203773586891636807894196

I don't drink and drive but I don't like falsifying data and equipment either. Do it right to stop it. Interested in hearing what other think about this issue.

Anyone who has ever worked in a lab knows how challenging it can be to "tune" a mass spec, calibrate a GC, and run a standard curve.

I have calibrated many breathalyzers in my time. And, it is equally challenging.

I was a scientist. How many of these are ACCURATELY calibrated? How many people trained to calibrate?

Like any tool, it can be misused.

A lawyer friend of mine suggested never to blow. Take it to court. It's a lose-lose scenario.
 
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In Germany the police are trained to take blood samples. If the police suspect a person is driving drunk they take a blood sample. If the person refuses they lose driving privileges. I am not sure if the blood analyzers are more accurate or not, but I would think they would be more accurate than breath test. Also some blood can be kept for later analysis if in dispute.
 
I think the tests should be accurate, my point is that we are way too lenient on drunk driving
Not a big drinker these days, but if you're going to do that ,then may as well go back to prohibition. Short of that, you will at least effectively kill the restaurant business. MADD will love it, though. Well, maybe not their past president, who herself was convicted of DUI.

P.S. I respect your opinion, 1300, but would you apply the same logic to those who text while driving? I would argue that is at least as dangerous, if not more so.
 
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In Germany the police are trained to take blood samples. If the police suspect a person is driving drunk they take a blood sample. If the person refuses they lose driving privileges. I am not sure if the blood analyzers are more accurate or not, but I would think they would be more accurate than breath test. Also some blood can be kept for later analysis if in dispute.
This is what is used in NEPA. A breathalyzer is used at the scene to determine an approximate BAC, and then blood is taken by a trained phlebotomist at a hospital or designated site for accuracy. It also will show if there are other drugs in the system. Blood also can't be disputed in court.
 
I seem to recall that mouthwash can cause a false positive--and some fancy restaurants supply it.
 
Not a big drinker these days, but if you're going to do that ,then may as well go back to prohibition. Short of that, you will at least effectively kill the restaurant business. MADD will love it, though. Well, maybe not their past president, who herself was convicted of DUI.

P.S. I respect your opinion, 1300, but would you apply the same logic to those who text while driving? I would argue that is at least as dangerous, if not more so.
I would, yes
 
I seem to recall that mouthwash can cause a false positive--and some fancy restaurants supply it.
Back when I was in high school (long, long ago), we had the police come in and do a demonstration of a breathalizer. To show how sensitive (a.k.a accurate) they were, they had a student volunteer, gave him some Listerine to rince his mouth out with, then did a breathalizer test on him. It came back at 1.4 (NOTE anything above about .4 will kill you). Since he hadn't drank anything (other than rinsing his mouth out with Listerine), an accurate test would have shown "0" as a blood alcohol level. So obviously, there is some concern for accuracy, at least back when I was in high school.
 
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A lawyer friend of mine suggested never to blow. Take it to court. It's a lose-lose scenario.
I've always heard this is the best approach if you're ever asked to take one. Here in Austin we have what they call "no refusal" weekends, which started on big drinking holidays but now is basically every weekend. You still have the right to refuse, but if you do on a no refusal weekend the police have a judge on standby to issue immediate warrants, which allows them to take your blood without your consent. They then do so and are able to collect evidence before the alcohol has had time to leave your system. It was quite controversial when it was first rolled out but now it's been in place so long it hasn't really been a topic of discussion recently.
 
Interesting set of replies.

I'm dead set against drunk driving which I understand kills more people in this country than firearms but without the fanfare. But, if the data is faulty I'm against that too.

My wife is a registered, certified Medical Technologist in a medical lab who does blood alcohol tests. Her favorite all time question from a patient who she performed the phlebotomy procedure on was "What is the normal blood alcohol level?" A......0.000000000000. Stupid look from patient, priceless.

Yes, a blood alcohol test is by far the best scenario but time degrades blood alcohol and if the test is delayed too long it is reduced far enough to skew the results and potential prosecution data.
 
Strong feelings being expressed about driving under the influence of alcohol. Wonder how the Left supports driving under the influence of marijuana?
 
1. the mouth wash example is so outdated....The Draeger machnines have a slope detector, which should eliminate mouth alcohol. Additionally, there are two different blows separated by a couple of minutes, so that should eliminate mouth alcohol concerns.
2. Out here in California, the machines are calibrated by scientists trained in the machine.
3. Also out here in ca, you can choose between blood or breath, and if you first do breath, you can then choose blood.
4. Finally, these defense attorneys hire whores who will say anything....
 
A lawyer friend of mine suggested never to blow. Take it to court. It's a lose-lose scenario.
It depends on state. In PA they have implied consent. If you refuse your license is automatically suspended for a year regardless of the outcome of DUI case. The police can still get a DUI conviction without the test results. They just have to testify that they obeserved your impairment.
 
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why would that be a political question?
Right, why is it a political question. Why would someone have strong opinions about DUI when it comes the alcohol be on the side of legalization of another substance that would contribute to a DUI. I get confused why the Left is pushing the issue.
 
Right, why is it a political question. Why would someone have strong opinions about DUI when it comes the alcohol be on the side of legalization of another substance that would contribute to a DUI. I get confused why the Left is pushing the issue.
If you are against DUI, you are against DUI- regardless of what the influence is

I drink, but I don't drink and drive, anymore than I would smoke pot and drive or drive while texting. It's not complicated- and it's certainly not political.
 
It depends on state. In PA they have implied consent. If you refuse your license is automatically suspended for a year regardless of the outcome of DUI case. The police can still get a DUI conviction without the test results. They just have to testify that they obeserved your impairment.

I don't disagree. My lawyer friend told me to NEVER give them HARD evidence. This thread shows the pitfalls of breathalyzers. It is a LOSE-LOSE scenario even of you don't blow.

Ive never been faced in the scenario, but if I had 3 drinks in a little over an hour and bordering on 0.08 or 0.1, I might be compelled NOT to blow.

If you blow a 0.09...you're screwed.
 
lower the limit to .000
jail time for 1st offense
Pretty dumb post. Should they arrest people who text and drive? How about eat and drive? And of course we need to jail anyone who speeds since speed is the number one cause of accidents.
 
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Pretty dumb post. Should they arrest people who text and drive? How about eat and drive? And of course we need to jail anyone who speeds since speed is the number one cause of accidents.
yes, and yes
and no, it isn't-distracted driving is
 
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It depends on state. In PA they have implied consent. If you refuse your license is automatically suspended for a year regardless of the outcome of DUI case. The police can still get a DUI conviction without the test results. They just have to testify that they obeserved your impairment.
And on this they can, and if necessary, will certainly lie. For this reason one would be crazy to refuse. Police are masters at embellishment and outright lies. And they get away with it all the time.
 
No I’m not...you want to lock people up for having a beer or eating while driving, but you’re perfectly fine with them speeding. Not sure of the logic.
Well, I said noting either way about speeding, did I? But let's pretend that I did. My rebuttal would then be:

Are you saying that somebody who is paying attention to their driving but going 10 miles over the limit is somehow as dangerous as somebody who isn't actually driving their car? I see no logic in that at all. Do I speed? Yes, but not excessively. I also have over a million accident free miles in all types of vehicles and a half million on motorcycles. My vehicles are maintained, with good tires, brakes, rubber and fully functioning suspensions. And I pay attention- constantly. If you want to make the case than that is somehow unsafe- especially compared to some idiot driving while texting/ eating, or drinking- feel free to flail away
 
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