Tests for BAC in DUI cases
Tennessee is the only state that gives one chemical test. This does not follow the basic scientific rules we learned in high school. Why does the state not give two tests to check the reliability of the machine? One test is close enough for government work. Neither the state nor the manufacture of the machine will allow anyone other than law enforcement to test the machine for its accuracy and reliability. For a procedure to be accepted as accurate and reliable in the scientific community, it must be open and available for the scientific community to test and retest the procedure. This is not permitted with the ECIR II machine. What are they hiding? The number produced by the machine comes from a mathematical formula in the machine. The manufacture will not divulge this formula claiming it is “proprietary". Again, what are they hiding? A sample of your breath could be saved for retesting for about $2.00 but the state chooses not to save it. Why don’t they save a sample when your freedom is on the line?
A few of the many other issues that can affect the accuracy of a breath test are:
Body Temperature Breath temperature Power surges Radio frequency Mouth contaminates (smokeless tobacco, dentures, denture adhesive, mists, lip balm, etc.) Physical problems Exposure to certain chemicals Diabetes Esophageal hernia Heartburn Liver disease Certain diets Certain medications Machine malfunction Improper maintenance Improper training
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