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How Breath Tests Go Bad! DUI Attorney explains how breathalyzer test works

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Virginia DUI attorney Luke Nichols explains how breath tests work If police officers aren't careful, a breath test can produce false high readings. Every time a person exhales alcohol into a breath test, the alcohol stays in the breath machine for up to 35 minutes and that alcohol will be added to the breath sample of anyone who breathes into the breathalyzer before the alcohol evaporates.
If you have been charged with a DUI or another crime in Northern Virginia, call the Law Firm of Nichols & Green pllc for a free a consultation (703)383-9222 or visit our website at nicholsgreen.com/

Опубликовано:

5 сен 2024

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Комментарии : 34

@tonioyendis4464 4 года назад

When officer asked me if i was refusing the breathalyzer test, i told him no I’m not refusing, but i don’t understand your instructions without my attorney present. I need my attorney here to advise me. He got pissed and started screaming and barking profanity and commands at me. When it got to court, they saw the video and dismissed the DWI charges. I still had to pay about $1500 in attorney fees, but no DWI on my record. Even if you beat the rap, you still can’t beat the ride!

@Mudflap496833 3 года назад

sounds like your lucky day in court, if you were impaired I hope you learned a big lesson, the next officer may know what he is doing...

@flatlineoptimism2600 3 года назад

Did they not take you to the station?

@coryCuc 3 года назад

Good for you!

@SendFoodz 2 года назад

not that I'm advocating for better breathalyzers, but weight scales can be recalibrate to ignore the base weight, if you put a 5 pound brick on it, you can recalibrate read the weight with the brick as 0. breathalyzers should do this before each reading

@AragornRespecter 3 года назад

I don’t know why I’m here, but I certainly am interested

@josesolis4079 4 года назад

I'm here from catfish and carp lol

@JAKOB1977 2 года назад

the problems come when people start to "fool" the machine and won't blow enough, with the belief that a little blow will give a lower reading. and the system here in Denmark has a certain flowrate before it activates a legit reading.. so a user that low blow 1 or 2 times and don't get a valid reading and fx claim bad lungs etc.. can sadly have tainted their results in an unfavorable way... though these tests are only indicators and here in Denmark you will get a blood analyze-work as even the bench Infrared cell machines are not valid in court here. as far I know. though I reckon all officers are familiar with these risks. I don't know how pronounce left-overs are in the 3 variants, like semiconductors. fuel cells, and infrared..semiconductor BAC meters are usually consumer-grade devices..

@jasonpeterka3254 2 месяца назад

Right!!! So my point, the longer you blow the higher the reading also right!!??

@mailmallett 5 лет назад

The problem is "officers" know this and they will use this technique against you.

@BenTvHowman 5 лет назад

In my own tests. Drinking and blowing into my own macheine, I was surprised how quickly it went up when doing 5 or 6 consecutive tests 15 minutes after each drink. My lack of knowledge of the machines internal workings now means I have to go back to the drawing board in experimenting how quickly my body metabolizes alcohol. The driving limit is only 0.05 here in Australia

@johnr7632 3 года назад

I think you should have blown first to show you haven't been drinking or using hand sanitizer, then the synthetic breath, then blown again. I do appreciate the video. I am extremely interested to see why these machines have so many false results and yet they are used. Once you are charged for the dui, your screwed because from there on out they will always be on the lookout and then test you every time you get pulled over or come into contact with the police.

@MarsMan1 8 лет назад

How are the cops going to test for Marijuana? I will bet that has them scratching their heads!

@NicholsGreen 8 лет назад

+Liberty Jones Blood tests are used here in Va. to test for THC. Some states use urine tests as well. There are some saliva test coming out on the market and a few early adopters are testing them out. There are special DUI-Drug enforcement officers called DRE officers in some places that specialize in DUI-Drug field sobriety tests. Some of these tests for marijuana include checking pulse rate, blood pressure, inspecting the tongue, and testing convergence of the eyes among other things. However, if you really want to see something amusing, check out this video about marijuana DUI field tests. Cracked me up ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-JFBQi46FFSg.html

@AaronDrake22 3 года назад

You need to look into THC breathalyzers and see what could set those off to have a false positive

@RichWinder-je5xn 6 лет назад

Try swabbing a patch of skin with isopropyl alcohol, then do a test.

@christopherdalyii381 5 лет назад

Thanks for the vid.

@Mudflap496833 3 года назад

during the demonstration you miss procedure of verifying that the ALCO_SENSOR is back to .00, if you understood the instrument you would know how the instrument works,, all info is completeley false

@graygrumbler4253 4 года назад

No joke, violating the methodology for the PBT machine invalidates any result.

@NicholsGreen 4 года назад

Not all violations affect the accuracy of the test and the law isn't that straight forward in Va.

@graygrumbler4253 4 года назад

@@NicholsGreen Not what I said. Accuracy of the test MAY be unaffected but the Reliability is no longer present and hence it is no longer a valid test and the reading is invalid. Its much like stating the radar measured 58 mph but the limits of error go from the expected +/- 2 mph to +/- unknown because the radar device was used improperly or not calibrated.

@anthonyburnette4033 4 года назад

You are not using it correctly! After each sample you have to hit the set button and leave it set! This will allow it to dump the charge that was produced by the fuel cell. All of the alcohol in the sample was oxidized by the fuel cell the moment you got the .080. The reason that you are still seeing numbers is because there is a 1000 ohm resistor in the circuitry to slow that discharge voltage so that an officer can see what the results are, and have time to make a calibration if need be when putting on it a gas canister. Then when you hit the set button it shorts out the connection, and then allows a different path to dump the voltage, hence the path of least resistance. When you do this as officers are trained to do, and leave the device with the set button pressed, it will clear out in about 30 seconds: then you check it by hitting the read button to check that it is cleared out.

@deanduggan2915 4 года назад

Mr green sir the inventor of the breathalyzer has stated in court you question s are you the officer are you trained incoming road side breathalyzer tests how long next when was the breathalyzer last checked and how many people have you tested this evening on that machine did you know that there is small residuals left behind in the machine after each use this is true next the inventor of the machine question one are you the inventor yes is the machine 100% accurate answer no its not

@JerseyJimFish 5 лет назад

What no catfishing?

@Ignatz71 5 лет назад

Right?!? Stupid work getting in the way of fun...

@JerseyJimFish 5 лет назад

Blindly stumbled on this vid through an entirely different line of RU-vid University inquiry. Luke from Cats and Carp with equally but completely unrelated important information. Thanks again to Luke!

@Ignatz71 5 лет назад

@@JerseyJimFish Indeed. I find both Luke's professional and home life to be worth watching! Hope I never need to use his services professionally, but I can see he is up to the task.

@Scroopulous 5 лет назад

Is it obvious when the bigger machine takes a reading? I'm fairly certain that the officer only took one actual reading, he had me blow in the nozzle several times and said the exact thing as you just explained and after the 4th time i blew in he got the .13% reading

@NicholsGreen 5 лет назад

for the ec/ir II there are prompts on the screen that tell the operator when a sample has been obtained. the machine will not product a result until it gets 2 matching results. my guess is that you had to blow so many times to get a set of match results.

@IcelanderUSer 4 года назад

NicholsGreen Yes unless the police department doesn’t disable this feature. See the NYTs article about how inaccurate these machines can be for a whole host of reasons, from terrible code written to force the machine to show a result even though the machine had two different numbers. Other problems include having totally unqualified and inexperienced people calibrating these machines, often using severely out of date and weak solutions. This will cause the machine to show much higher results, from 20 to 40 percent above actual. Anytime you allow an individual person or officer determine what they consider is the level at which a person is drunk you will get bogus results. They will calibrate the machine to show a drunk driver when in fact the person was not. We can not allow this bogus technology determine whether you lose your liberty or not. Fix it and make it foolproof before arresting people.

@Mudflap496833 4 года назад

As an attorney you SHOULD understand or read the operating procedures of using an alcosensor before putting out a video completely disregarding the rules of using one, the operating procedures tells you how to use one and how to purge the engine of residual alcohol before reusing. This video is very misleading