Driver Lifestyles

Your CDL & The Breathalyzer

As a commercial vehicle driver, your career and livelihood are on the line every time you turn the key.

Whether you work behind the wheel of a cargo van or a tractor-trailer, any time you see the lights of a law enforcement officer's vehicle in your mirror, it's time for concern.

And, if you are stopped on suspicion of drunk driving (whether you're in a truck or privately-owned-vehicle), your CDL and future hang in the balance.

When offered the choice of taking a breath or blood test (or, in some states, urine) many DUI suspects elect to take the breath test, a choice which could result in a false reading.  There are a number of triggers that could result in those false readings and

it's vital to know what you're up against.
 
*If you're a tobacco user, you may be at risk from the very Breathalyzer mouthpiece itself.  Research has shown that smoking can raise the test result considerably - enough to get you charged and convicted of drunk driving.

Most breath analyzing devices will falsely report the chemical known as acetaldehyde as alcohol. Acetaldehyde is a compound produced in the liver in small amounts as a by-product in the metabolism of alcohol. Researchers have found acetaldehyde concentrations in the lungs of smokers are far greater than for non-smokers.

In layman's terms, this means that because breathalyzers can’t tell the difference between alcohol and acetaldehyde, cigarette smokers will have a higher blood-alcohol reading.

Source:  "Origin of Breath Acetaldehyde During Ethanol Oxidation: Effect of Long-Term Cigarette Smoking", 100 Journal of Laboratory Clinical Medicine 908
 
*Along with smoking, another common false positive catalyst is the use of mouthwash or breath spray. Most of them contain significant levels of alcohol (Listerine, for example is 27% alcohol) they remain in the mouth for 20 minutes or so - just long enough to be breathed into the Breathalyzer. Some breath machines have a mouth alcohol detector, but these are highly unreliable.

*If you are a diabetic with possible low blood sugar, you should also avoid the breath test. A well-documented by-product of hypoglycemia (low blood sugar) is a state called ketoacidosis, which causes the production of acetone - and acetone, like acetaldehyde, will be reported by the Brethalyzer as alcohol.

In other words, the Breathalyzer will read significant levels of alcohol on a diabetic’s breath where there may be little or none. 

To make matters worse, the reactions of a person in the early stages of a diabetic attack include dizziness, blurred vision, slurred speech, weakness, loss of coordination and disorientation.  These are the same symptoms which the law enforcement officer is looking for.  The officer's observations can be quickly followed by a failing performance on DUI field sobriety tests.

"Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study", 9(1) Alcohol, Drugs and Driving (1993)

*Has it been some time since your last meal?  Are you on a low-carb diet?  Fasting glycemia can exist where a person has not eaten in 24 hours or has been on a low-carbohydrate diet.

The result of this is the blood sugar level will drop, affecting the central nervous system - and producing symptoms of a person under the influence of alcohol and a higher breath test result.

*If you have acid reflux or have burped or belched before taking the Breathalyzer, offer to provide a blood sample instead. The reason is that you will be breathing alcohol from your stomach into your throat and oral cavity, where it will stay for 20 minutes or so - to be breathed directly into the breath machine. 

The machine's computer is multiplying the amount of alcohol in the breath sample by 2100 times to provide a reading of the alcohol in the blood. This is because it assumes the sample came from the lungs, not the stomach, and the average person has 2100 units of alcohol in his blood for every unit of alcohol in his breath (called the partition ratio).

The Breathalyzer does not recognize that your breath sample is not from your lungs and that it should not multiply the alcohol level by anything. The result is false high readings - and a DUI conviction.

What do you do if you've been charged with DUI? 

If you decide to hire a DUI lawyer, here are several tips on selecting the best lawyer possible to represent you.

*Because DUI laws vary among each state, retain a lawyer who has expertise with the laws in the state where you were arrested.

*Hire a specialist. Depending on where you live you may not be able to find a good lawyer that practices DUI law exclusively, but look for a lawyer who spends at least half of his time handling DUI cases.
(www.duislawyer.com/stateduilaws)

*Before you hire a DUI lawyer, or any other type of lawyer, meet with him first. Most lawyers will not charge you for the initial meeting.  Having a face-to-face with your lawyer before hiring him will go a long way towards determining if you'll be comfortable working with him.

To find an attorney
*Yellow Pages
*Public Library 
*Martindale Hubbell law directory (available online)
*Referrals from friends or family
*Members of the National College for DUI Defense

A few questions you may will want to ask the attorney:

*What percentage of his cases are DUI or impaired driver?

*What is his fee structure and how much does he charge?

*What costs besides attorney fees will you be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).

*Will he be the actual lawyer handling your case or will someone else in the firm be the primary lawyer?

Select a Certified Attorney
You can also have a fair idea of the defense attorney’s rating from an approved directory of attorneys. Experts normally recommend appointing a board certified lawyer to handle DUI cases.

You can inquire before hand whether the attorney has attended a reputable law school and if he or she is a member of National College for DUI Defense.