 |
| One of my fav SNL sketches ever. image courtesy razcardblog |
Did you know that your BODY TEMP
can INCREASE your results
on a DWI Breath Test?
As I've discussed in many other posts, there are MANY, MANY factors that can negatively affect or skew a Breath Test result in a DWI case. The breath test is not reliable for all kinds of reasons...
Here's another one.
HYPERTHERMIA: the condition of having a body temperature greatly above normal.
37.5 - 38.3 Celsius OR 99.5-100.9 Fahrenheit [or higher]--can begin to affect Breath Testing.
Did you know that for every 1 degree celsius increase in your body temperature, an individual's breath test result will be FALSELY ELEVATED by approximately 8.62% ?!?!?
In other words, if somebody's body temperature is significantly increased, then their results on a DWI breath test will be SIGNIFICANTLY HIGHER --but won't accurately reflect their actual Blood-Alcohol level.
What scenarios would apply to this?
-Having a Fever
-Using Drugs (some amphetamines can raise body temp or other drugs that affect the central nervous system)
-Hard exercise or Hard physical labor
-Being in a Hot Tub
-Being in a Sauna
DO THE POLICE TAKE YOUR BREATH TEMPERATURE BEFORE A TEST IS GIVEN?
Answer: No.
So if you just got out of a hot tub at a party, were driving home and then was pulled over, any breath test result would be SIGNIFICANTLY HIGHER than it should be.
It is important to give your defense attorney EVERY fact in a DWI case--because there are all sorts of things that can affect your case --that you would never consider.
Bottom Line:
The police are looking to convict you. They want the test result to be as high as possible. They will not test your breath temperature. They will not take multiple breath tests to see if the first one was skewed or indicates that your BAC is on the rise or falling.
They take one test (or a couple to get the result they want) and that's that. The police are not looking to help you --or exonerate you.
If you have questions about a DWI case, give us a call:
607-229-5184
Email: mike.ithacadwi@gmail.com
By Attorney Mike Cyr
www.ithacadwi.com
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
