Often the thing that determines whether or not you’ll be arrested for DUI is the sobriety test result. The problem with this is that these tests can’t be relied on to be accurate or consistent. For one, many law enforcement DUI investigation techniques depend largely upon the fictitious premise that all humans are physiologically identical. It’s this presumption that makes field sobriety and breathalyzer tests possible in the first place. There are, of course, many physiological differences from person to person, from one moment to the next which will directly alter breath or blood alcohol testing readings including sex, race, weight and health conditions such as diabetes. Some of the most common reasons behind BAC test inaccuracies, however, are administration errors and body temperature changes…
Officer Potential for Error
Officers will almost always try to have you perform field sobriety tests and on-sight breath tests after stopping you and blood alcohol tests after your arrest. Most lawyers will tell you that you may refuse to take part in any of these tests and it is often in your best interest to do so due to the fact that these tests are not performed according to any real scientific method and the officers conducting the tests may employ a sloppy methodology. Any one of these variables could set you up for failure. Ultimately, BAC readings are highly prone to great inaccuracy. In order for the results to be valid, the person operating any devices must have been thoroughly trained, devices must be properly calibrated and multiple results must fall within an acceptable range of deviation. Plus, the officer has to honor your choice of test and if they fail to do so, results may be disregarded. Always keep in mind that a high BAC reading does NOT necessarily indicate your guilt.
Body Temperature and Sobriety Testing
Another example of variability in DUI breath testing is body temperature. It’s been known almost since the invention of the breathalyzer that an individual’s body temperature will have a direct effect on the results. Any change in body temperature from the norm of 98.6 degrees on breath testing will see a marked effect. If because of illness, for example, the body temperature is elevated by only 1 degree Centigrade (1.8 degrees Fahrenheit), the breath-to-blood “partition ratio” will be affected so as to produce a 7 percent higher test result. Higher and higher body temperatures will result in greater errors. And you don’t have to be sick to have a higher body temperature. Even the average body temperature of a normal, healthy person may vary by as much as 1.8 degrees from the mean value of 98.6 degrees Fahrenheit at the end of the day.
The point we’re making with this information is that a DUI arrest is not necessarily a jail sentence. If someone you know is being held for a DUI, getting them out on bail before their trial will help them think about how they might challenge their BAC results – or not. Purchasing a bail bond from us will help you get them out quickly. Call now to get started!