Breathalyzer by damaru
In 1967 in Britain, William 'Bill' Ducie and Tom Parry Jones developed and marketed the first electronic breathalyser. They established Lion Laboratories in Cardiff. Bill Ducie was a chartered electrical engineer and Tom Parry Jones was a lecturer at UWIST. .[8] The Road Safety Act 1967 introduced the first legally enforceable maximum blood alcohol level for drivers in the UK, above which it became an offence to be in charge of a motor vehicle; and introduced the roadside breathalyser, made available to police forces across the country.[9] In 1979, Lion Laboratories' version of the breathalyser, known as the Alcolyser and incorporating crystal-filled tubes that changed colour above a certain level of alcohol in the breath, was approved for police use. Lion Laboratories won the Queen's Award for Technological Achievement for the product in 1980, and it began to be marketed worldwide.[8] The Alcolyser was superseded by the Lion Intoximeter 3000 in 1983, and later by the Lion Alcolmeter and Lion Intoxilyser.[10] These later models used a fuel cell alcohol sensor rather than crystals, providing a more reliable curbside test and removing the need for blood or urine samples to be taken at a police station. In 1991, Lion Laboratories was sold to the American company MPD, Inc.[8]
The breath analyzer reading will be offered as evidence of that crime, although the issue is what the BrAC was at the time of driving rather than at the time of the test. Some jurisdictions, such as the State of Washington, now allow the use of breath analyzer test results without regard as to how much time passed between operation of the vehicle and the time the test was administered. The suspect will also be charged with driving under the influence of alcohol (sometimes referred to as driving or operating while intoxicated). While BrAC tests are not necessary to prove a defendant was under the influence, laws in most states require the jury to presume that he was under the influence if his BrAC is found and believed to be over 0.08 (grams of alcohol/210 liters breath) when driving. In California, this is once again demonstrated by California Vehicle Code Section 23152(b) and Cal-Crim 2111, which states: "If the People have proved beyond a reasonable doubt that a sample of the defendant's (blood/breath/urine) was taken within three hours of the defendant's [alleged] driving and that a chemical analysis of the sample showed a blood alcohol level of 0.08 percent or more, you may, but are not required to, conclude that the defendant's blood alcohol level was 0.08 percent or more at the time of the alleged offense." This creates a rebuttable presumption, which means it is presumed, but that presumption can be rebutted if a jury finds it unreliable or if other evidence establishes a reasonable doubt as to whether the person actually drove with a breath or blood alcohol level of 0.08% or greater. This would not apply to States that have done away with the presumption, such as the State of Washington, as previously referenced.
Substances in the environment can also lead to false BAC readings. For example, methyl tert-butyl ether (MTBE), a common gasoline additive, has been alleged anecdotally to cause false positives in persons exposed to it. Tests have shown this to be true for older machines; however, newer machines detect this interference and compensate for it.[19] Any number of other products found in the environment or workplace can also cause erroneous BAC results. These include compounds found inlacquer, paint remover, celluloid, gasoline, and cleaning fluids, especially ethers, alcohols, and other volatile compounds.
Most individuals do, in fact, have a 2100-to-1 partition ratio in accordance with William Henry's law, which states that when the water solution of a volatile compound is brought into equilibrium with air, there is a fixed ratio between the concentration of the compound in air and its concentration in water. This ratio is constant at a given temperature. The human body is 37 degrees Celsius on average. Breath leaves the mouth at a temperature of 34 degrees Celsius. Alcohol in the body obeys Henry's Law as it is a volatile compound and diffuses in body water. To ensure that variables such as fever and hypothermia could not be pointed out to influence the results in a way that was harmful to the accused, the instrument is calibrated at a ratio of 2100:1, underestimating by 9 percent. In order for a person running a fever to significantly overestimate, he would have to have a fever that would likely see the subject in the hospital rather than driving in the first place. Studies suggest that about 1.8% of the population have a partition ratio below 2100:1. Thus, a machine using a 2100-to-1 ratio could actually overestimate the BAC. As much as 14% of the population has a partition ratio above 2100, thus causing the machine to under-report the BAC. Further, the assumption that the test subject's partition ratio will be average—that there will be 2100 parts in the blood for every part in the breath—means that accurate analysis of a given individual's blood alcohol by measuring breath alcohol is difficult, as the ratio varies considerably.
Other than recent drinking, the most common source of mouth alcohol is from belching or burping[citation needed]. This causes the liquids and/or gases from the stomach—including any alcohol—to rise up into the soft tissue of the esophagus and oral cavity, where it will stay until it has dissipated. The American Medical Association concludes in its Manual for Chemical Tests for Intoxication (1959): "True reactions with alcohol in expired breath from sources other than the alveolar air (eructation, regurgitation, vomiting) will, of course, vitiate the breath alcohol results." For this reason, police officers are supposed to keep a DUI suspect under observation for at least 15 minutes prior to administering a breath test. Instruments such as the Intoxilyzer 5000 also feature a "slope" parameter. This parameter detects any decrease in alcohol concentration of 0.006 g per 210 L of breath in 0.6 second, a condition indicative of residual mouth alcohol, and will result in an "invalid sample" warning to the operator, notifying the operator of the presence of the residual mouth alcohol. PBT's, however, feature no such safeguard.
A 2003 episode of the popular science television show MythBusters tested a number of methods that supposedly allow a person to fool a breath analyzer test. The methods tested included breath mints, onions, denture cream, mouthwash, pennies and batteries; all of these methods proved ineffective. The show noted that using these items to cover the smell of alcohol may fool a person, but, since they will not actually reduce a person's BAC, there will be no effect on a breath analyzer test regardless of the quantity used, if any, it appeared that using mouthwash only raised the BAC. Pennies supposedly produce a chemical reaction, while batteries supposedly create an electrical charge, yet neither of these methods affected the breath analyzer results.[26]
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