For eight years in the 1990s, Attorney Charles Ware hosted the extremely popular legal advice radio program "The Lawyer's Mailbox"; the Number One (#1)legal advice radio program in the Mid-Atlantic Region,on WEAA - 88.9 FM, Morgan State University Radio in Baltimore, Maryland.
www.CharlesJeromeWare.com

Friday, January 23, 2015

MARYLAND BEST DUI ATTORNEYS : ARE BREATHALYZERS ACCURATE ?

www.charlesjeromeware.com.       " Here to make a difference."

Charles Jerome Ware, LLC, is a premier Maryland-based nationally-respected DUI and DWI defense law firm. The firm's senior partner, Charles Jerome Ware, is recognized in Maryland and throughout the United States as one of the " 10 BEST DUI and DWI Attorneys".  For an initial courtesy consultation, contact the firm at (410) 720-6129 or (410) 730-5016. We can help you.

Breathalyzer machines for determining BAC (Blood Alcohol Concentration) in DUI and DWI cases are not infallible. They can be wrong, and frequently are.

There are several factors that can affect the accuracy in results of the standard breathalyzer machine. The following are just a few of these factors:

(1)  HUMAN ERROR is the most common factor. These delicate machines require attention to detail by the operators in handling properly and getting accurate results.
(2) CONSISTENCY is required with these DUI machines to ensure accuracy. Breath tests should be performed multiple times (at least three times at a minimum) to produce a reliable result.
(3) ENVIRONMENTAL FACTORS> False results can be triggered by these machines in the presence of a host of contaminants such as paint fumes, varnish, smoke, and chemicals such as plastics and adhesives.
(4) SOFTWARE. Breathalyzers run on special software, just as computers rely on operating systems, which can result in occasional bugs and glitches They are delicate instruments, and certainly not perfect machines.
(5) CALIBRATION.  Breathalyzers must be calibrated periodically and batteries must be replaced in order to maintained accuracy.
(6) FOREIGN SUBSTANCES.  Substances present in the mouth (besides alcohol) as well as alcohol in substances in the mouth can produce false positives in the machine because, inter alia, the amount of alcohol vapor they emit may be greater than the amount exhaled from the lungs.  For example, some mouthwashes, breath fresheners, and toothache medicines contain alcohol and can skew readings.

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