| When it comes to drunk driving breath tests, there's | | | | time the defendant was pulled over. The prosecution |
| been an ongoing debate between drunk driving | | | | must provide proof that the ethyl alcohol is responsible |
| defense lawyers and law enforcement. The argument | | | | for the results produced by the breath analyzing |
| is that breathalyzer tests are unreliable because these | | | | instrument. |
| machines often detect other chemicals in the body | | | | Current scientific research published has shown that |
| and mistake them for ethanol, or ethyl alcohol, which is | | | | results from breath alcohol analysis are not enough to |
| found in alcoholic beverages. According to the breath | | | | be used in our courts. Furthermore, there have been |
| test, someone could have a high blood alcohol level | | | | quite of few studies done to prove that breath tests |
| (B.A.C.), but in actuality there is very little if any ethanol | | | | are not as reliable as blood tests. In one study, |
| in his body. | | | | members of the toxicology section of the Wisconsin |
| The most widely used breath tests used today are | | | | State Laboratory of Hygiene found that only 33 |
| infrared breath analyzing instruments. They are not as | | | | percent of the breath test results correlated with |
| accurate or reliable as blood tests, but have been | | | | corresponding blood tests. What is really interesting |
| accepted as standard instruments to detect if | | | | and noteworthy about this study is that in 11 of the |
| someone is drunk. The problem with these instruments | | | | cases, the defendant was shown to be intoxicated |
| is that they are not designed to detect the molecule of | | | | using one of the tests but not intoxicated when using |
| ethyl alcohol. Most breathalyzer tests can only find a | | | | the other. |
| presence of a part of that molecule. The breathalyzer | | | | The question we should be asking ourselves is: Who |
| test assumes that the methyl group is part of an ethyl | | | | really stands to gain from these breath analyzing |
| alcohol compound. Now, imagine all the different | | | | machines? Is is the manufacturers who sell these |
| compounds that could be found on a person's breath | | | | machines to the government? How do we know that |
| and think about the possibility of the breathalyzer | | | | these manufacturers are creating machines that are |
| instrument mistaking a combination of these | | | | absolutely perfect? We have to remember that these |
| compounds as ethyl alcohol. | | | | breath analyzing machines are made by man. These |
| The interesting thing is that approximately 70 to 80 | | | | devices are run by computers and we all know that |
| percent of these compounds contain methyl groups. | | | | computers can often break down or have technical |
| So, in order for someone to be convicted for drunk | | | | issues. Law enforcement says that we should put our |
| driving, the prosecution must show beyond a reason | | | | faith in these machines to provide accurate results, yet |
| of a doubt that ethyl alcohol was in the body at the | | | | anyone with common sense knows otherwise. |