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"Non-specific" analysis, for example: most
breath machines will register many chemical
compounds found on the human breath as
alcohol. And breath machines assume a
2100-to-1 ratio in
converting alcohol in the breath into
alcohol in the blood; in fact, this ratio
varies widely from person to person (and
within a person from one moment to another).
Radio frequency interference can result in
inaccurate readings. These and other defects
in analysis can be brought out in
cross-examination of the state's expert
witness, and/or the defense can hire its own
forensic chemist.
Testing during the absorptive phase. The
blood, breath or urine test will be
unreliable if done while you are still
actively absorbing alcohol (it takes 30
minutes to three hours to complete
absorption; this can be delayed if food is
present in the stomach). Thus, drinking "one
for the road" can cause inaccurate test
results.
Retrograde extrapolation. This refers to the
requirement that the BAC be "related back"
in time from the test to the driving (see
question #17). Again, a number of complex
physiological problems are involved here.
Regulation of blood-alcohol testing. The
prosecution must prove that the blood,
breath or urine test complied with state
requirements as to calibration, maintenance,
etc.
License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the state's department of motor vehicles.
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