BROOKLYN DWI LAWYER

THE BRETHALYZER IN BROOKLYN

The NYPD uses the Intoxilizer 5000 to conduct breath tests. These machines simply do not work. However, because a breath test is easy to administer and cheap, all police departments in the country use some sort of breath test.One of the most common causes of falsely high breath analyzer readings is the existence of mouth alcohol. In analyzing a subject's breath sample, the breath analyzer's internal computer is making the assumption that the alcohol in the breath sample came from alveolar air—that is, air exhaled from deep within the lungs. However, alcohol may have come from the mouth, throat or stomach for a number of reasons.To help guard against mouth-alcohol contamination, certified breath-test operators are trained to observe a test subject carefully for at least 15–20 minutes before administering the test.


The problem with mouth alcohol being analyzed by the breath analyzer is that it was not absorbed through the stomach and intestines and passed through the blood to the lungs. In other words, the machine's computer is mistakenly applying the partition ratio (see above) and multiplying the result. Consequently, a very tiny amount of alcohol from the mouth, throat or stomach can have a significant impact on the breath-alcohol reading.


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.Learn more here.

If you have been arrested for a DWI in Brookly, call us at 917-519-8417 and we will protect your rights.