The liver eliminates most alcohol from the body. The remainder is eliminated through sweat, bodily fluids, and exhalation. The breath contains evidence of alcohol ingestion in people who consumed alcohol. There is a relationship between the amount of alcohol in a person’s blood and the amount of alcohol contained in expired air. The ratio of alcohol in a person’s breath to alcohol in the blood is approximately 1:2100.
Breath test instruments use infrared light that is absorbed by alcohol molecules in the breath. The relationship between the amount of light that passes through the breath sample and the amount of light absorbed by alcohol molecules allows for a calculation of a person’s BAC.
Breath Test Instruments
Under Massachusetts law, only results from breath test instruments using infrared technology are admissible. Police officers must be certified to administer breath tests.
Since September 2003, all Massachusetts police departments utilize the same breath alcohol testing system (BATS) that consists of:
The Draegar breath testing instrument uses both infrared and fuel cell technology when analyzing a breath sample. Because Massachusetts law only recognizes infrared analysis, only the infrared results are provided to the BATS operator. Each system downloads all test result information to a central server in Chelsea, Massachusetts every ninety seconds, which minimizes opportunity for police tampering.
Call 413-707-0510 to schedule your consultation.
There are precise ways to challenge and invalidate a breath test result. Officers failing to properly observe a person before the test or contamination of the testing area with cleaning materials can be reasons to challenge the weight of breathalyzer evidence. When an officer omits the required pre-test observation period, the court can suppress the breathalyzer result, meaning the District Attorney would not be able to present the breathalyzer result to a jury (or judge) at trial.
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