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DUI breath tests show a false high result of 6.58% for each degree your breath is above 34 C. or 93.2 F.

BREATH TESTS EFFECTED BY BODY TEMPERATURE

In New Jersey, Judge King released findings regarding 7110 Alcotest DWI machine.  This is the very same breath machine used to prosecute Sacramento DUI cases.  After months of testimony and hearing, Court Special master Michael Patrick King rederered Findings and Conclusions Submitted to Supreme Court on February 13, 2007 regarding the DWI Alcotest machine.

Breath Temperature SensorMost breath analyzers used in the United States operate on the assumption that the temperature of an expired breath sample is 34 degrees C. Recent scientific research supports the proposition that the temperature of an expired breath sample is actually almost 35 degrees C. For each degree above 34 degrees C, breath tests will increase BAC results by 6.58%.

While the relevant scientific community at this time does not generally accept breath temperature monitoring as necessary, this New Jersey court found that the technology to control this variable is accurate and readily available both Germany and Alabama currently use the breathe temperature sensor available from Draeger. 250

The New Jersey Court went on to strongly recommend that New Jersey employ Draeger's breath temperature sensor. Unless such breath temperature sensing is implemented, all breath test results should be reduced downward by 6.58%, as done currently in Alabama. This will serve to reduce the overall margin of error from the Alcotest 7110 and increase confidence in the reported BAC as more accurate to support a finding of guilt. This court finds that until recently this technology was not used because it was either not available, too expensive or inconvenient to implement, or simply too much trouble but these reasons to abjure use of the breath temperature sensor are no longer persuasive to us. "We find this is a biological variable which can and should be controlled."

John Campanella

I have been representing people accused of drunk driving since I began practicing in 1995. I went to my first Sacramento DUI conference that year and listened to great DUI attorneys like Ed Kuwatch AKA, “Fast Eddie” and Lawrence Taylor who motivated me to study and practice in this area of law.

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