So you see the flashing reds and blues behind you, if the officer suspects you are DUI he will likely ask you what you've had to drink, ask you to perfrom Field Sobriety Tests (Which you should refuse, See
earlier article), and he will next place you under arrest and ask you to perform a breathalyzer test to check your
B.A.C. According to a report listed below there may be a way to fool this test... How so you might ask? Just vary your breathing pattern.
Breath testing machines which generally determine guilt or innocence in Kansas DUI cases are not as reliable of devices as the police would have us believe. This study below is just another example of that unreliability.
In one scientific study, for example, a group of people drank moderate doses of alcohol and their blood-alcohol levels were then measured by breath testing. The breathing techniques were then varied.The results showed that holding your breath for 30 seconds before exhaling increased the
blood-alcohol concentration (BAC) by 15.7%. Hyperventilating for 20 seconds immediately before the analyses of breath, on the other hand, decreased the blood-alcohol level by 10.6%. Keeping the mouth closed for five minutes and using shallow nasal breathing resulted in increasing the
BAC by 7.3%, and testing after a slow, 20-second exhalation increased levels by 2%. "How Breathing Techniques Can Influence the Results of Breath-Alcohol Analyses", 22(4)
Medical Science and the Law 275.
The truth is that most police officers know this... They also know that they don't want a breath test that contradicts them charging the person with
DUI. So they want the results to be over .08%. This is why it is common for officers to continually tell the person to keep breathing and blow harder when they are administering the test. The harder you blow the more likely the breath will be from the very bottom of your lungs which will be the highest in alcohol readings. The higher the test results, the better it is for the officer, don't mind the fact that it might not be accurate...
If you or someone you know is charged with DUI, or another
Criminal charge in Kansas
contact our office in Overland Park, Kansas to speak with an attorney today. We always offer a free consultation, and would be happy to speak with you about your case.