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Criminal Law

: DUI Blog

The Sacred Breathalyzer

By Lawrence Taylor

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I’ve written repeatedly in the past about the inaccuracy and unreliability of the various breath machines used to estimate blood alcohol concentrations.  See, for example, How Breathalyzers Work (and Why They Don’t), Why Breathalyzers Don’t Measure Alcohol and Breathalyzer Inaccuracy: Testing During the Absorptive State.  I’ve also pointed out how our laws now ignore scientific truth and presume that the blood-alcohol level at the time of testing was the same as when driving, say, three hours earlier.  See How to Overcome Scientific Facts: Pass a Law.  And I’ve written about how our laws now presume guilt based upon a reading over .08% from one of these machines — how these devices have become judge, jury and executioner...continue to full post

Full post as published by DUI Blog on April 20, 2008 (boomark / email).

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