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Breathalyzer Tests DUI

A breathalyzer is an electronic/mechanical device for estimating blood alcohol content (BAC) from a person’s breath sample. Breathalyzer is a brand name of a series of models made by one manufacturer of these instruments (Smith and Wesson).

The device used by Massachusetts police is the intoxilyzer manufactured by CMI. Although the data from these devices is permissible in Massachusetts courts, the devices are not infallible.

Breath analyzers do not measure blood alcohol content or concentration directly. That would require the analysis of a blood sample. Instead, they estimate blood alcohol content indirectly by measuring the amount of alcohol in one's breath through infrared spectroscopy.

Breath testers can produce errors if they are not administered precisely. DUI lawyers will investigate the condition and maintenance of these lawyers to ensure they were working properly. Testing shows they may be sensitive to temperature, perhaps giving false readings if they’re not adjusted or recalibrated to account for surrounding air temperatures or the temperature of the subject person is assessed correctly. The person’s breathing patterns may also affect readings. In other cases, alcohol on the person’s mouth (including from mouthwash) may hamper accurate results.

If you or someone you care about is charged with a drunk driving offense in a Massachusetts city we cover, it is essential that you contact an experienced DUI lawyer, who is familiar with the errors common with with breath testing. Ed Sharkansky, a former prosecutor, understands the types of common breath testing errors and this is important to a successful defense of a DUI, OUI, or drunk driving charges.