Close X

Warning: Breathalyzer in Use

Warning: Breathalyzer in Use

Information courtesy of Lawrence Taylor - DUIblog

Have you ever noticed those "Warning: Microwave in Use" signs in restaurants? Its for folks who have heart pacemakers: There is a risk that the electromagnetic interference (EMI) from the microwave will interfere with the electronic circuitry in the customers pacemaker and cause it to malfunction. This phenomenon, often called "radio frequency interference" (RFI), can be a recurring problem with any instrument containing electronic circuitry.

Now try to think of some place in your neighborhood that is chock full of electronic gizmos constantly transmitting RFI 24 hours a day. How about a police station? Powerful dispatch radio transmitters, radio transmitters in squad cars in the parking lot, walkie-talkies in every officers belt, cell phones, computer cathode ray tubes, microwave relays, electronic door locks, microwave ovens, fluorescent lighting -- a veritable jungle of RFI.

Now lets put a Breathalyzer smack in the middle of this police station. An instrument filled with sensitive electronic circuitry that has to analyze tiny amounts of alcohol in breath to an accuracy of one tenth of a percent.....

Just a theory of some DUI defense attorney? Consider a report from the National Bureau of Standards, under contract with the National Highway Traffic Safety Administration to conduct accuracy testing on breath machines (referred to in the report as "Evidential Breath Testing" devices, or "EBTs"):

"The Washington D.C. Metropolitan Police Department reported to NHTSA that EBTs were found to display erroneous BAC [blood-alcohol content] readings in the presence of electromagnetic fields from radio transmission....Representatives of NHTSA and NBS were given a demonstration by police officers who routinely conduct breath testing using an EBT in a mobile van. One police officer operated his handheld radio within 1 foot of the EBT and demonstrated that the electromagnetic field could severely affect the analysis of alcohol samples."

The National Bureau of Standards subsequently

Attorney Kathleen Carey

Carey-logo

Kathleen Carey is an experienced and passionate advocate for her clients.

Free Initial Consultation

Ms. Carey offers a free initial case evaluation, and will go over the facts of your case, your history, your rights and options.