12hr vs 3 day Suspension

Do these machines have the ability to detect the presence of blood in the breath sample? Perhaps I have such poor dental hygiene that my gum's bleed. I blow into a machine designed to test for alcohol levels in "breath". Is the breath sample not contaminated and inaccurate?

Alcohol concentrations in blood are much higher than in breath. So will this higher concentration of alcohol not result in a higher breath reading if blood were to be blown into the machine?

lawmen wrote:

hwybear wrote:

The instrument that is used at roadside is called an "Approved Screening Device" (ASD)most often is a Drager Alcotest 7410GLC. This instrument is approved by the Canadian Solictor General, and CFS (Centre of Forensic Science).

The Breathalyzer or Intoxilyzer are instruments used back at detachments/stations to get a actual number for how much alcohol is in a person blood.

If the law were properly implemented as it is written the police cannot administer a Breathalyzer or Intoxilyzer after the roadside screening device is used.

The criminal code is federal law. The highway traffic act is provincial law. The federal law trumps provincial law.

The HTA allow the officer to demand a Breathalyzer after a roadside screening is administered.

However, criminal code s. 258(2) articulates the results from the roadside screening test cannot be used for unauthorized purposes. It lists the valid authorized purposes in 258(a). Section 253(a) or (b) is not listed.

Therefore, the police are not authorized by any law to use the results from 254(2)(b) to force someone to submit to a Breathalyzer test under 254(3) in their attempt to charge them under s. 253.

Code s. 254(2)(b) deals with roadside screening. It states;

(b) to provide forthwith a sample of breath that, in the peace officers opinion, will enable a proper analysis to be made by means of an approved screening device and, if necessary, to accompany the peace officer for that purpose.

Unauthorized use or disclosure of results

258(2) Subject to subsections (3) and (4), no person shall use, disclose or allow the disclosure of the results of physical coordination tests under paragraph 254(2)(a), the results of an evaluation under subsection 254(3.1), the results of the analysis of a bodily substance taken under paragraph 254(2)(b), subsection 254(3), (3.3) or (3.4) or section 256 or with the consent of the person from whom it was taken after a request by a peace officer, or the results of the analysis of medical samples that are provided by consent and subsequently seized under a warrant, except

(a) in the course of an investigation of, or in a proceeding for, an offence under any of sections 220, 221, 236 and 249 to 255, an offence under Part I of the Aeronautics Act, or an offence under the Railway Safety Act in respect of a contravention of a rule or regulation made under that Act respecting the use of alcohol or a drug; or

(b) for the purpose of the administration or enforcement of the law of a province.

Is the valid section not listed in the "big numbers" above?

Ha! Good one. I missed the word "to."

Bookm wrote:

Do these machines have the ability to detect the presence of blood in the breath sample? Perhaps I have such poor dental hygiene that my gum's bleed. I blow into a machine designed to test for alcohol levels in "breath". Is the breath sample not contaminated and inaccurate?

Alcohol concentrations in blood are much higher than in breath. So will this higher concentration of alcohol not result in a higher breath reading if blood were to be blown into the machine?

Breath instruments obtain their readings from air not liquid.

From Wiki:

Mouth alcohol

One of the most common causes of falsely high breathalyzer readings is the existence of mouth alcohol. In analyzing a subject's breath sample, the breathalyzer's internal computer is making the assumption that the alcohol in the breath sample came from alveolar air—that is, air exhaled from deep within the lungs. However, alcohol may have come from the mouth, throat or stomach for a number of reasons.

The problem with mouth alcohol being analyzed by the breathalyzer is that it was not absorbed through the stomach and intestines and passed through the blood to the lungs. In other words, the machine's computer is mistakenly applying the "partition ratio" and multiplying the result. Consequently, a very tiny amount of alcohol from the mouth, throat or stomach can have a significant impact on the breath alcohol reading.

I would conclude that blood could be blown into the machine just as easily as a belch.

You are not understanding "mouth alcohol affect".

Mouth alcohol is residual alcohol in the mouth. This is caused by the last "swig" of beer and then blowing directly into the instrument, where the alcohol is fresh in the mouth, therefore a false/high reading is obtained.

Same can be done with mouth wash, contains alcohol, swish that around, spit it out and the alcohol in the mouthwash will make a person FAIL the test.

This is why we have to determine the last consumption of alcohol, driving time from a bar, open beer in vehicle. We either wait 15minutes if open alcohol is found in the vehicle, or determine by travelling time from where the person was. Waiting 15 minutes eliminates the mouth alcohol affect and therefore a true alcohol reading from lung air will be obtained!

Your right! I'm not...

In your reply you used beer and mouthwash as examples. Both these are not pure alcohol. They are mixed with water. If "fresh" in the mouth, the alcohol component contaminates the breathalyzer and results in a higher reading than a "deep lung" exhalation. If a suspect is bleeding in his mouth, his blood is constantly providing a "fresh" supply of alcohol to his mouth, the same as the mouthwash would. I don't see how this wouldn't affect the machine.

The only reason I bring this up is because I once watched a defense lawyer ask an officer on the stand if he checked for blood before conducting any tests. The officer said, "No". During the judges ruling, he said he was intrigued by the lawyers questioning, but since he didn't follow it up with any arguments during closing, he chose not to include this portion of the questioning in his deliberations. (= guilty)

Bookm wrote:

If a suspect is bleeding in his mouth, his blood is constantly providing a "fresh" supply of alcohol to his mouth, the same as the mouthwash would. I don't see how this wouldn't affect the machine.

Go out on a limb here.....that the alcohol in the blood is at the same concentration as the air from the lungs, as it is already processed from the stomach into the bloodstream. As comparing alcohol coming directly into the body (ie alcoholic beverage) which has yet to be processed by the body.

What would I do without Google?!

There's also a variety of products found in the environment that can lead to erroneous BAC results with breathalyzers. Some these products include substances or compounds found in cleaning fluids, celluloid, gasoline, paint removers, and in lacquers. Other common substances that can result in false BAC levels are alcohol, vomit, or blood in the person's mouth. False BAC readings can also be caused from electrical interference, dirt, smoke, cell phones, police radios, moisture, and tobacco smoke.

[url]http://www.alcohol-test-info.comAlcohol_Blood_Tests_vs_Breathalyzers.html[/url]

Bookm wrote:

What would I do without Google?!

Sit and twiddle your thumbs?

But since you have google it is the absolute answer to all