Search
  • Stephen Biss

Mouth Alcohol 303 mg / 100 mls


Subject with true BAC of less than 120 mg / 100 mls blows 303. A previous tests showed a BACs of 116 mg/ 100 mls. Unknown to the operator the subject had consumed beer a few minutes prior to this test. The subject's mouth was not rinsed after the beer and prior to the test.

The "Invalid Sample" error flag is caused by a spike in the apparent readings as portions of the breath are sampled. If a subject places ethanol in their mouth immediately before a subject test the mouth alcohol, on a recent model evidentiary breath tester, the instrument will, in theory, detect a sudden climb in BAC followed by a decline. This pattern is, in theory, different than a normal bvlow where the BAC rises fairly quickly over the first few seconds and then levels off as deep lung air is sampled. Approved instruments use this approach to detect and flag mouth alcohol.

The problem is that this slope detection system doesn't always work if there is already an underlying true BAC combined with mouth alcohol.

Mouth alcohol can reach equilibrium such that it does not produce a spike in the BAC being read by the instrument during the blow, because there is already an underlying level of true BAC. This video shows that there is a possibility of significant error if the qualified technician does not conduct a personal and careful 15 to 20 minute observation period looking for burps, belches, vomit, and other sources of alcohol in the mouth. The international scientific literature views the waiting period as essential. This experiment was conducted in a lab using an Intoxilyzer® 5000C.

#mouthalcohol

3 views

© 2020 Allbiss Lawdata Ltd. All rights reserved. This is not a government web site.

 

 

For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4, 905-273-3322. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein.  WARNING: All information contained herein is provided  for the purpose of discussion and peer review only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney. 

WARNING: Please do not attempt to use any text, image, or video that you see on this site in Court. These comments, images, and videos are NOT EVIDENCE. The Courts will need to hear evidence from a properly qualified expert. The author is not a scientist. The author is not an expert. These pages exist to promote discussion among defence lawyers.

 

Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.
Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A were "approved instruments" in Canada.
DrugTest® 5000 is also a registered trademark of Draeger Safety, Inc.. DrugTest® 5000 is "approved drug screening equipment" in Canada.
Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC and 6810 are each an "approved screening device" in Canada.
Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.