The Breathalyzer – Two words that have put fear into the hearts of people for decades. In fact, the modern breathalyzer’s roots began in the 1950s. Although this device has been supported, tested, and enhanced by scientists and medical professionals alike over the years, the standard breathalyzer that’s used today for DUI arrests still have many issues. Many DUI lawyers will actually recommend that you decline to take a breathalyzer test every single time a police officer asks.
Problems with the Standard Breathalyzer
The breathalyzer is a regular part of a DUI traffic enforcement action. Most people who have ended up with DUI arrests on their records were subjected to a breathalyzer at some point during the process. The key here comes in the timing.
- Blood alcohol concentration changes constantly. Drivers who recently consumed alcohol may be in the absorption process at the time they’re pulled over. Frequently, the BAC is falling as a result of the driver’s body metabolizing the alcohol. However a person’s BAC can be going up from the time of the stop to the time of the measurement.
- Timing matters. The 0.08% BAC is intended to define the illegality of being impaired to such a degree that you cannot drive safely. This means your BAC should measure at 0.08% or more at the time you were driving; however, in many cases, the police wait until people are at the police station to test their breath. This delay can be one or two hours, if not more, which means the prosecution often estimates what it thinks the BAC would have been at the time of arrest.
Changing Technology Can Change Outcome
Engineers at the University of California San Diego have developed a flexible, wearable sensor that can accurately measure a person’s blood alcohol level from sweat. The device is meant to accurately measure a person’s blood alcohol level from the sweat on his or her body. The data retrieved from this electronic sensor can then be transmitted wirelessly to a laptop, smartphone, or other mobile device.
Going forward, the inventors of this technology anticipate the device could be integrated with ignition interlock systems. If it becomes available to the public, it can be a great way for party-goers to gauge their friends’ levels of intoxication before handing over the keys.
In the end, this simple, temporary tattoo-type device could mean the difference between an arrest and another great night’s sleep in your own bed if you know before you go that you’ve had too many drinks to get behind the wheel.
If you’ve been arrested for a DUI and you have questions about the way your breathalyzer was handled, it’s best to obtain the input of a legal professional right away. A DUI attorney can help you understand how the process is supposed to happen, then he or she will examine your case for holes that shouldn’t have occurred.
