Court challenge to breathalizer machines

Airwaves · 08-09-2009, 12:00 PM

This could be worth following.

A Massachusetts lawyer is challenging the reliability of the use of breathalyzer machines in drunk driving cases. He’s looking for the source code for the Alcotest 7110, the machine used by police in Mass. I don't know if this is the same machine used by the MP or NHSP or not but I'll bet everyone involved will be watching closely!

Link is HERE but it may be archived soon.

SAMIAM · 08-09-2009, 05:17 PM

If you ever get stopped....I would demand a blood test.Wouldn't go near a breathalizer with a ten foot pole. I own one and we use it to check friends and family anytime we are having a few,just for chuckles (and safety). While it is reliable,there are many factors that you must consider.Even after one drink you can be over the limit if the test is administered within 1/2 hour or so.Also,you have dentures or even a partial,the alcohol remains in your mouth for longer periods.Mouthwash registers,as well.
Last.....the limit of .08 is,in my opinion,nowhere near being drunk.One night,with a designated driver, we went out for dinner with friends on a sat.
I drank two beers durring the afternoon 5pm to about 6.30.I had a glass of red wine before dinner and two more with dinner.Sounds like alot of boozing..but we having fun withn friends and when I got home at 10pm I blew a staggering .11.I am 6'2' and weigh 225.....I did not even feel buzzed with 5 drinks in 5 hours and a big meal under my belt, I would have bet anything that I was ok to drive.
I think that many DWI's are the result of people who have had very little to drink,feel fine but get bagged in a road check or maybe they swerved a little while fooling with the radio.
My advice.......don't trust the way you feel....don't drive if you've had a few because some breathalizers are probably even more sensitive than mine.

dpg · 08-10-2009, 07:07 AM

Isn't it an automatic arrest if you refuse to take it? If it is where does that leave you? Most people feel that's an admittance of guilt.

Mr. V · 08-10-2009, 11:06 AM

It varies state by state, but you are not required to blow in the BAC.

If you choose not to, your license is suspended for six months to a year after an administrative hearing.

Stiff price to pay.

Skip · 08-10-2009, 07:41 PM

Quote:

Originally Posted by Mr. V

It varies state by state, but you are not required to blow in the BAC.

If you choose not to, your license is suspended for six months to a year after an administrative hearing.

Stiff price to pay.

Mr. V is correct, you do not have to take the test.

But just a few notes...

Airwaves original post is interesting, and one of many challenges to both the machine test and the field sobriety tests leading up to an arrest. Right now a local seacoast attorney is claiming that the sobriety tests that led to his client's arrest were faulty, because he claims his client was to "obese" to perform the commands correctly. Another case worth following.

The law we are talking about that compels a test is known as the "implied consent" law. In a nutshell it means that upon acceptance of your driving privileges you consented to performing a blood, breath or urine test if requested.

Now, you can refuse the breath test. This results in an automatic license suspension. However, as Mr. V points out you are afforded an opportunity to challenge this "adminstrative" suspension by attending a hearing conducted by the Motor Vehicles Department. This hearing only pertains to the license loss if you refused the test, you still will face criminal charges in court.

Also, when you are asked to give the test the officer will inform you that immediately after you have the right to submit a blood or urine test of your own choice. Very few people, after consenting to a test, ever avail themselves of this opportunity.

Oh, almost forgot. All of NH uses the Intoxilizer 5000 machine, completely different from the one cited by AIRWAVES, but working along the same principal.

Interesting topic.....

Kamper · 08-10-2009, 08:03 PM

Do we still have the right to request a blood test at the nearest hospital, and is it at our own expense?

Just as a point of interest... I read on-line, that lab-techs can be subpoenad (sp?) as they can be considerred "accusers." I can't remember what state that was in but it could really overwhelm the crime labs since their techs will be in court a lot more.

Skip · 08-10-2009, 08:16 PM

Quote:

Originally Posted by Kamper

Do we still have the right to request a blood test at the nearest hospital, and is it at our own expense?

Just as a point of interest... I read on-line, that lab-techs can be subpoenad (sp?) as they can be considerred "accusers." I can't remember what state that was in but it could really overwhelm the crime labs since their techs will be in court a lot more.

Yes to both questions....

chipj29 · 08-11-2009, 08:09 AM

Quote:

Originally Posted by Skip

Mr. V is correct, you do not have to take the test.

But just a few notes...

Airwaves original post is interesting, and one of many challenges to both the machine test and the field sobriety tests leading up to an arrest. Right now a local seacoast attorney is claiming that the sobriety tests that led to his client's arrest were faulty, because he claims his client was to "obese" to perform the commands correctly. Another case worth following.

The law we are talking about that compels a test is known as the "implied consent" law. In a nutshell it means that upon acceptance of your driving privileges you consented to performing a blood, breath or urine test if requested.

Now, you can refuse the breath test. This results in an automatic license suspension. However, as Mr. V points out you are afforded an opportunity to challenge this "adminstrative" suspension by attending a hearing conducted by the Motor Vehicles Department. This hearing only pertains to the license loss if you refused the test, you still will face criminal charges in court.

Also, when you are asked to give the test the officer will inform you that immediately after you have the right to submit a blood or urine test of your own choice. Very few people, after consenting to a test, ever avail themselves of this opportunity.

Oh, almost forgot. All of NH uses the Intoxilizer 5000 machine, completely different from the one cited by AIRWAVES, but working along the same principal.

Interesting topic.....

Skip, I recently read about the "obese" case. It picqued my interest for one reason...the guy claiming to be obese was almost the exact same height and weight as me. I never thought of myself as obese.

BroadHopper · 08-11-2009, 09:36 AM

A friend of mine was pulled over for DUI and was arrested. I was told to drive his car to the station for booking. I told the officer that I had a few and the officer implied that if I follow him I will be fine!?!?!?!?!?

When we got to the station, the desk sargeant told my friend that he has the option for a blood or urine test. After he failed the breathalyzer? I find this very odd. Later when my friend hired a local lawyer, the lawyer says there have been a few cases that the urine or blood test prove the breathalyzer was false. The desk sargeant was right.

Looks like every state is different.

08-09-2009, 12:00 PM	#1
Airwaves Senior Member Join Date: Feb 2006 Location: I'm right here! Posts: 1,153 Thanks: 9 Thanked 102 Times in 37 Posts	Court challenge to breathalizer machines This could be worth following. A Massachusetts lawyer is challenging the reliability of the use of breathalyzer machines in drunk driving cases. He’s looking for the source code for the Alcotest 7110, the machine used by police in Mass. I don't know if this is the same machine used by the MP or NHSP or not but I'll bet everyone involved will be watching closely! Link is HERE but it may be archived soon.

08-11-2009, 09:36 AM	#9
BroadHopper Senior Member Join Date: Oct 2004 Location: Laconia NH Posts: 5,589 Thanks: 3,228 Thanked 1,107 Times in 797 Posts	Recent incident in ME. A friend of mine was pulled over for DUI and was arrested. I was told to drive his car to the station for booking. I told the officer that I had a few and the officer implied that if I follow him I will be fine!?!?!?!?!? When we got to the station, the desk sargeant told my friend that he has the option for a blood or urine test. After he failed the breathalyzer? I find this very odd. Later when my friend hired a local lawyer, the lawyer says there have been a few cases that the urine or blood test prove the breathalyzer was false. The desk sargeant was right. Looks like every state is different. __________________ Someday may never be an actual day.

08-09-2009, 05:17 PM	#2
SAMIAM Senior Member Join Date: Apr 2004 Location: Moultonborough Posts: 2,909 Thanks: 337 Thanked 1,686 Times in 592 Posts	If you ever get stopped....I would demand a blood test.Wouldn't go near a breathalizer with a ten foot pole. I own one and we use it to check friends and family anytime we are having a few,just for chuckles (and safety). While it is reliable,there are many factors that you must consider.Even after one drink you can be over the limit if the test is administered within 1/2 hour or so.Also,you have dentures or even a partial,the alcohol remains in your mouth for longer periods.Mouthwash registers,as well. Last.....the limit of .08 is,in my opinion,nowhere near being drunk.One night,with a designated driver, we went out for dinner with friends on a sat. I drank two beers durring the afternoon 5pm to about 6.30.I had a glass of red wine before dinner and two more with dinner.Sounds like alot of boozing..but we having fun withn friends and when I got home at 10pm I blew a staggering .11.I am 6'2' and weigh 225.....I did not even feel buzzed with 5 drinks in 5 hours and a big meal under my belt, I would have bet anything that I was ok to drive. I think that many DWI's are the result of people who have had very little to drink,feel fine but get bagged in a road check or maybe they swerved a little while fooling with the radio. My advice.......don't trust the way you feel....don't drive if you've had a few because some breathalizers are probably even more sensitive than mine.

08-10-2009, 07:07 AM	#3
dpg Senior Member Join Date: Apr 2004 Posts: 2,597 Thanks: 153 Thanked 229 Times in 166 Posts	Isn't it an automatic arrest if you refuse to take it? If it is where does that leave you? Most people feel that's an admittance of guilt.

08-10-2009, 11:06 AM	#4
Mr. V Senior Member Join Date: Jun 2004 Location: the left coast (Portland)and West Alton Posts: 1,415 Thanks: 65 Thanked 260 Times in 178 Posts	It varies state by state, but you are not required to blow in the BAC. If you choose not to, your license is suspended for six months to a year after an administrative hearing. Stiff price to pay.

08-10-2009, 08:03 PM	#6
Kamper Senior Member Join Date: Jul 2005 Location: Thornton's Ferry Posts: 1,307 Thanks: 67 Thanked 172 Times in 128 Posts	Do we still have the right to request a blood test at the nearest hospital, and is it at our own expense? Just as a point of interest... I read on-line, that lab-techs can be subpoenad (sp?) as they can be considerred "accusers." I can't remember what state that was in but it could really overwhelm the crime labs since their techs will be in court a lot more.