For years, drivers in Florida have been arrested and convicted of DUI charges based on flawed alcohol breath test machines that reported impossible results as reported by the Sarasota Herald-Tribune. An investigation found that about 40 percent of 231 machines were incorrectly measuring the flow of breath. Officials began quietly fixing the machines and putting them back into service, without noting how far off the machines’ measurements were. However, defense attorneys discovered the problem noticing breath volumes that are humanly impossible. It was reported that a subjects with a maximum lung capacity of about five liters — blew 10, 11 even 12 liters of breath into the machine. “Volume is not important in the grand scheme of things,” an official at the Florida State lab said, adding, “I would be the first one to pull these machines off line if I thought it was calculating alcohol levels wrong.” An expert indicated for instance, drivers blowing into the flawed machine were four times as likely to test above .25, more than three times the .08 limit at which the state considers a driver impaired
The investigation has indicated more than 100 breath samples on the machine were reported as being in excess of five liters, and found 11 other machines across the state with reported breath volumes over eight liters, including a 15-liter sample. The report found one test that stands out was that of a 5’4”, 145-pound man who apparently blew 12 liters of breath into the machine, yet the State lab representative maintains breath volume does not matter, that, “Right now, I don’t have the personnel to look through it.”
What do you think about these machines?
Is it okay that they measure volume that is not humanly impossible?
Quietly fixing the machines, does that seem fair?
If you have been arrested for DUI your rights are in jeopardy, and as noted the denial of properly function equipment, all at your expense, seemed tolerable for awhile. If you have been arrested for a Santa Barbara DUI, call Kenneth M. Hallum today, for a free consultation and case evaluation. Know your rights, options, and defenses.