DUI & Criminal Defense

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DUI LIBRARY | Breath Testing

CHAPTER X:

Breath Testing

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The primary area of scientific expertise in DUI and vehicular crimes cases is perhaps the what is most lacking our country’s crime laboratories – metrology.

Breath Testing DUI

The primary components of a breath alcohol measurement include:

the scientific principles underlying the test method, procedure, and practices.
the operator's competency, skill and performance.
the apparatus and equipment, including reagents and all other components.
the analysis procedure and performance.
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subject samples.
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records.

Each element of the measurement system must be valid and reliable to be capable of producing consistently trustworthy results. However, in itself, these do not guarantee that at a particular time, date, and place the system was functioning properly and did, in fact, yield an acceptably correct breath alcohol analysis result.

See Dubowski, Necessary Scientific· Safeguards Breath Alcohol Analysis, JOURNAL OF FORENSIC SCIENCES (1960).

DUI LIBRARY | Breath Testing

Frequently Asked Questions

Yes. Arizona police must comply with statutory and administrative requirements for the results of a breath testing machine to be used against you. If a police officer fails to follow these rules then the breath results may be suppressed.
  • Measurement of Uncertainty for Vaporous Ethanol Concentration Analyzed by Intoxilyzer 8000 Instruments.
  • Variability of the Blood/Breath Alcohol Ratio in Drinking Drivers – Volume 41, Issue 6 (November 1996.)
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