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.

I had grown tired of standing in the lean and lonely front line facing the greatest enemy that ever confronted man — public opinion.  But, I went in, to do what I could for sanity and humanity against the wave of hatred and malice that, as ever, was masquerading under its usual nom de plume: Justice.  Clarence Darrow

I’ve been working hard in Savannah, Georgia.  Last week I was in New Orleans, Louisiana for the top level DUI seminar: Mastering Scientific Evidence in DUI Cases.  I learned very much.  I learned from the best DUI attorneys in the field.  I do this, all to give you the best fighting chance.  My favorite thing came from Mimi Coffey, the Texas DUI Defense lawyer.  She moves me — majorly.  Her website says:  “It’s not the size of the dog in the fight, it’s the size of the fight in the dog.”  – Mark Twain.   This post and the ideas for it came from me watching and listening to Miss Coffey’s presentation, “How to Win a Breath Test.”  Check out Mimi Coffey’s website for The Coffey Firm.

A breath test can ruin the best of cases. Breath test cases are hard. The odds are against you. The State’s breath device expert is coming to your DUI trial in Chatham County to tell the jury that the breath slip is right. Cold day in hell before the State’s chemist testifies you are not guilty. For most folks, a breath test slip is enough.

Two things to win

To win your DUI case in Savannah, Georgia, you need two things: the jury must WANT to let you go, and they need a REASON that they should let you go. To make the jury want to let you go, they must like you.  Sticking with Clarence Darrow again, “The main work of a trial attorney is to make a jury like his client.”  We’ll need your family and your friends to come to your trial and be there for you. Because if no one else cares about you, then why should the jury?

Spin the little alcohol dial and let the truth prevail

Spin the little alcohol dial and see how much alcohol it would take for you to blow .08. Also see what it would take for you to blow the number that’s on your test slip.  Bring in your fact witnesses where the two don’t add up: what you drank that night and what the breath test says you drank.  Let the truth prevail.  If the Savannah jury wants to convict you despite knowing the truth, let it weigh on their shoulders and not my lack of trying.

About the 19th Annual Mastering Scientific Evidence in DUI/DWI Cases

There were lectures on DUI forensic science, DUI trial techniques, breakout sessions on training on the major breath test machines, and a mock trial with an audio and video feed of jury deliberations shown to us inside the main seminar ball room. It was wonderful. William C. “Bubba” Head, Lawrence Taylor, Don Nichols, and the late Joyce Reese started the seminar. Their mission was to educate DUI Defense lawyers on forensic science, including the many flaws in breath and chemical testing, and alcohol measurement devices.  After 11 years, Head handed over the seminar to the Texas Criminal Defense Lawyers Association and the National College for DUI Defense (NCDD).  Texas lawyer and NCDD regent “Troy McKinney is the General who made it so successful,” says Gary Trichter, his Texas colleague and NCDD Fellow. Gary Trichter says the seminar is “the key to the bank and attorneys should embrace the science involved in DUI defense and not fear it.”