Two more minutes. If the Georgia police officer had waited two more minutes we would not be here. That is because a good breath test requires a full twenty minute waiting period. These are not my rules, They are the government’s rules on how to provide a breath test that you may rely on. It is you who must be outraged at this behavior. It is not fair for the government to take short cuts with one law to enforce another. Because, when you take a short cut, you may not be getting correct samples. And, in this case, bad results will result in a terrible outcome.
Robert Smith is falsely charged with DUI in Savannah, Georgia. Robert is a hard-working man. He’s got a family, friends, and a busy life. But, when the officer saw him he expected to see a drunk and so he did. The prosecutor sees a defendant. But, Robert and I want you to see him. He’s a citizen accused, not a statistic. And when you do, you will see an innocent man.
I am preparing Robert’s case for a DUI jury trial in Savannah, Georgia. Here are some of the things that are wrong with the Georgia DUI Breath machines.
The Georgia DUI breath test apparatus (Intoxilyzer 5000) can give a high reading because of many things.
The Georgia DUI breath test apparatus (Intoxilyzer 5000) can give a high reading because of many things. It will detect things other than alcohol. And these substances will be registered as if they were alcohol — even if there is no alcohol. Interferrents are anything not alcohol that can cause a reading on the machine. There are a lot. Is the cop’s blackberry going off when you blow? Are you receiving a text message while you blow? Peppermints, pizza, bread, and Sprite are a few of the many things that will trigger the apparatus as if they were alcohol. See Why Breathalyzers Don’t Measure Alcohol. See Driving Under the Influence of….Bread?
Regulations require the police officer to follow protocol. Did he?
Because you are innocent, the prosecution must prove that at your test this equipment was in working order, properly maintained, and test administered correct according to protocol.
Residual mouth alcohol detector can be tricked.
Studies have shown that the average person may have over 100 different chemical compounds on his breath at any given time. Scientists have found that 70 to 80% of all compounds on the human breath contain the methyl group. The methyl group is common. Quite common. It is a part of things like propane, butane, isoprophyl alcohol, methane, ethane, ethly chloride, acetic acid, butadiene, dimethylether, dimethylamine, dimethylhydrazine — to name but a very few of the many. And ethyl alcohol as well — the compound found in liquor.
The apparatus detects alcohol by shooting infared light through the breath sample. And the more alcohol in the sample, the more infared light or energy is absorbed, resulting in higher readings. It is the ethyl group inside of the ethyl alcohol compound that absorbs the energy — not the ethyl alcohol compound itself. So if there are any of these commonly encountered compounds that contain methyl groups the Intoxilyzer will read them as ethyl alcohol. If there are 10 or 15 such compounds in the sample, the apparatus will add them all up and then show them as ethyl alcohol. This apparatus detects any compound containing the methyl group as if it was ethyl alcohol — even if it is not.
Acetone will trigger a high false reading
Acetone is a compound containing the methyl group. The apparatus will read this acetone and register it as ethyl alcohol. Acetone is commonly found on the breath. Diabetics usually have acetone on their breath. Anyone who is on a diet may have acetone on his or her breath. Even ordinary people under ordinary circumstances can have acetone on their breath.
An expert on blood-alcohol analysis will tell you that if you had 525 micrograms per liter of acetone in your breath, this would affect the reading on the Intoxilyzer. It would raise it by .03%, so that a true .08 would read .11.
