Website design By BotEap.comAre breathalyzers irrefutable proof of a person’s guilt for driving under the influence of alcohol?

Website design By BotEap.comWhen people hear the phrase drinking and driving, they know that the technological device behind obtaining a conviction is called a Breathalyzer. This test is administered to suspected drunk drivers to test their breath for alcohol. The “breath” alcohol content is changed to a standardized formula for determining the driver’s “blood” alcohol content, which will actually tell how upset a driver is, if at all.

Website design By BotEap.comThe not so fair of a breathalyzer test

Website design By BotEap.comThe whole process seems very scientific, fair and unbiased. However, the reality is that the process is not scientific, fair or impartial. It is not scientific at all and is not based on any available or conventional science. It is not unbiased because results vary greatly from person to person. And, it is not fair since some people who are not truly disabled are found guilty of a DUI, while those who are dramatically disabled seem to evade detection.

Website design By BotEap.comOf course, a blood test is the only true way to determine a person’s BAC, which is a more accurate indicator of impairment. Let’s put aside the fact that people react differently to alcohol in terms of tolerance and effect. The real problem is using breath alcohol content to get an accurate measurement of blood alcohol content.

Website design By BotEap.comBased on peer reviews and uncontroversial studies, there was a 50 percent margin of error when BAC test results for blood alcohol content were compared to accurate blood alcohol content. Therefore, a breathalyzer reading of .1 percent is a blood alcohol content number of 05 to 15 percent. As you can see, it is not a level of precision on which to base a person’s guilt.

Website design By BotEap.comWhat have state legislatures done in their rush

Website design By BotEap.comSome state legislatures, when confronted with this data, used their desire to speed up results and get drunk drivers off the road by granting the “alcohol content” breath use test to be used as the content. of “blood” alcohol in a court of However, the mistake of using this as a “blood” alcohol test is criminal and a real mistake. After all, a “breath” alcohol test can only be an accurate measurement of the air sample. It is not a true indicator of a person’s “blood” alcohol content and is not an accurate indicator of a person’s disability.

Website design By BotEap.comTherefore, breathalyzer readings should never be considered evidence in a DUI case unless, of course, the reading is so high that it exceeds that 50 percent margin of error. Therefore, a 0.2 percent breathalyzer reading where a state has a 1 percent DWI threshold would be awarded as proof of guilt for driving under the influence.

Website design By BotEap.comIf a breathalyzer reading is above 1 percent and below the 0.2 percent threshold, it should be a rebuttable assumption of guilt. Anything below the 1 percent threshold must never be credible to prove a person’s guilt for a DUI. Therefore, “breath” alcohol content should never be viewed as the precise measure of blood alcohol content or impairment.

Website design By BotEap.comWhile it is understandable that court systems want to reduce the number of deaths, injuries, and property damage that come from a person’s drinking and driving, it doesn’t excuse their recklessness to implement unfair laws that don’t get accurate measurements. However, if standards, quantities and limits are included in those laws, they must be relevant to the person at the time and measured correctly. If noticed errors occur, the accused party should have the right to address them in their defense.