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An intoxilyzer is a blood alcohol breath testing machine. This is what is used to determine if a person is too drunk to drive.
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Would using anbesol on a toothache register anything on a breathalyzer since it is 70 percent alcohol?
YES IT WOULD IT WOULD REGISTER SKY HIGH SOMETHING LIKE .40 RIGHT AFTER USING IT BUT ALL POLICE WILL WAIT AT LEAST 20 MINUTES TO LET ANY RESIDULE MOUTH ALCOHOL EVAPORATE BEFORE USING A PBT OR INTOXILYZER
Can a preliminary alcohol breath test give a false positive from passionate kissing someone who has been drinking?
Yes, poorly maintained equipment, a machine that is badly calibrated, spit from the person before you in the tube of the larger test equipment in station (such as the Intoxilyzer 5000) blood in the testing room... list goes on... of course a breath test can be inaccurate and give a false positive... always demand a blood test!
What is the intoxilyzer 5000c?
It is an evidentiary instrument used by police in Canada (5000"c") to measure the blood alcohol concentration of a suspected impaired driver. It utilizes IR technology to detect the concentration of alcohol in a persons blood by measuring the concentration of alcohol in a deep lung air sample provided by the suspect. It applies several scientifically determined ratio's to equate the concentration of alcohol in a breath sample to the concentration of alcohol in blood. It has been utilized in Canada since 1994 and is on the verge of being replaced by a more modern instrument.
Do inhalers affect a breath test?
Minnesota Attorney General Encouraged Concealment of Breath Tests' Critical Flaws Roseville, MN. June 5th, 2008 ---- Criminal Defense Attorney Chuck Ramsay announced today that he will intercede in The Minnesota Department of Public Safety's federal lawsuit against intoxilyzer manufacturer CMI of Kentucky, Inc. In March 2008, The Minnesota Attorney General's office filed a federal suit against CMI on behalf of the Minnesota Department of Public Safety. The suit alleges that CMI breached the contract for the sale and maintenance of a fleet of evidentiary breath test instruments to be used by the State, for the purpose of investigating and prosecuting the crime of DWI. In that contract, CMI agreed to sell and maintain the fleet of instruments and to release information pertaining to each respective instrument when ordered to do so by the courts. CMI also expressly agreed that any intellectual property material originating and arising out of the contract would become the sole property of the State. CMI breached both of those obligations. Ramsay claims the state filed suit only in response to judges' complaints of aggressive litigation by criminal defense attorneys demanding access to the software from the courts. Ramsay states that as early as 2006, the Minnesota Bureau of Criminal Apprehension knew its 200 plus intoxilyzers were malfunctioning. Minnesota's Intoxilyzer 5000 displays a driver's alcohol results on its LED readout; yet sporadically records a higher result on the final test record. The state discovered this and other fatal defects after hastily installing the current Intoxilyzer software in 2005. This prompted the BCA to complain to CMI about the discovered oddities. A BCA employee sent the complaint via email to five CMI representatives and four BCA employees. This email uncovered by Ramsay exposed what Ramsay calls a smoking gun, evidencing the need for independent review of the Intoxilyzer's software. The State continues to use the bug-riddled software to operate its more than 200 Intoxilyzers, administered to nearly 34,000 drivers annually. According to the BCA employee, the Attorney General's office, fearing an escalation in the so-called source challenge, advised the BCA to wait until the challenge had lost momentum. Ramsay intends to file a motion to intervene in the federal lawsuit the AG filed against CMI, a Kentucky corporation. "Its clear the AG will not protect the rights of Minnesotan's in that law suit. I'm intervening to ensure justice prevails. Otherwise, the AG will use this case only for appearance." "These black boxes not only deprive citizens' of their right to drive, but also put innocent people in jail. The Minnesota Attorney General, our state's chief prosecutor, chose to protect the interests of a secretive, foreign company rather than fight for the constitutional rights of Minnesota citizens. Most alarming, is that the AG encouraged the cover-up of a fatally flawed breath machine that the public, police and courts believed, and still believe, to be 100% accurate."
Does Cipralex effect breathalyzer test?
No. A breathalyzer (Portable or Intoxilyzer) traps your breath in a tube and emits a light source through it. Alcohol blocks portions of that light (not effoxor) from traveling through the tube. A sensor receives how much of that light got through the tube to determine your Breath Alcohol Content (BrAC). A diabetic reaction can effect the test (by showing an error because of the presence of Acetone). Also items in your mouth at the time of test could hold "mouth alcohol" which will increase the results. That's why there is an observation period (usually 20 minutes) before a test. Portable breath tests are a little different. They're not certified instruments and generally not allow into court so there is no observation period.
If police don't cite BAC level is there no proof of intoxication?
In most states a BAC level is not proof of intoxication in any case. It normally creates a 'rebuttable presumption' of impairment. Essentially that means that the court has decided that MOST people are impaired at .xx bac, but you have the opportunity to prove (somehow) that you were not impaired. A BAC may also not be available for many reasons, ranging from the defendant refusing to take a breath test to a breath analyzer that fails to work or is improperly certified. The arrest would not have been (or should not have been made) unless the officer had enough evidence before he made the arrest to prove his case, because people often refuse a BAC test after calling their attorney from the jail. What this means is that a BAC/Intoxilyzer test is only one piece or evidence for the trial, and a cop who looses a DUI case because he doesn't have a BAC reading did an awful lot of things wrong.
What can affect a Breathalyzer?
Drinking Breath analyzers (Breathalyzer, Intoxilyzer, Alcosensor, Alcoscan and BAC Datamaster are common brand names) don't actually test blood alcohol concentration (BAC), which requires the analysis of a blood sample. Instead, they estimate BAC indirectly. Different types of machine use different techniques and larger machines generally yield better estimates than do hand-held models. Therefore, some states don't permit data or "readings" from hand-held machines to be presented as evidence in court. South Dakota does not even permit evidence from any type or size breath tester but relies entirely on blood tests to ensure accuracy and protect the innocent. Alcohol breath tester accuracy can be affected by many factors, including such things as ambient temperature; the subject's temperature; smoke; dirt; radio wave interference; acid reflux; lack of proper calibration; improper administration; having diabetes; and having inhaled fumes from paint, lacquer, gasoline, and many other products.
Can elevated serum ketone levels elevate the blood alcohol concentration levels?
False positive on breathalyzerThe short answer is yes. Ketoacidosis (elevated ketone levels) have been identified with false positive tests with blood alcohol measurements: One reference to J Forensic Sci. 1995 Jul;40(4):686-7.states:We report the identification of acetone (0.45mg/mL) and isopropanol (0.17 mg/mL) but without the presence of ethanolin a blood sample from a man suspected of driving under the influenceof alcohol. A preliminary breath screening test with an electrochemicalinstrument (Alcolmeter S-L2) was positive and an evidential breath-testwith a dual wavelength infrared analyzer (Intoxilyzer 5000), recognizedthe presence of an interferant in the subject's breath. The manadmitted drinking moderate amounts of alcohol (vodka) the previousevening and was being treated by his doctor for hyperglycemia byspecial dietary control. This case scenario provides a good example ofsevere metabolic ketoacidosis in an ostensibly healthy man driving on the highway. Biotransformation of the abnormally high concentration ofblood-acetone to isopropanol occurs through the alcohol dehydrogenasepathway.PMID: 7595310 [PubMed - indexed for MEDLINE]Another reference (more recent) is even more interesting as it relates to to a person on a low carb high fat diet (like Atkins).Int J Obes (Lond). 2007 Mar;31(3):559-61. Epub 2006 Aug 8A 59-year-old man undergoing weight loss with verylow calorie diets (VLCD) attempted to drive a car, which was fittedwith an alcohol ignition interlock device, but the vehicle failed tostart. Because the man was a teetotaller, he was surprised and upset bythis result. VLCD treatment leads to ketonemia with high concentrationsof acetone, acetoacetate and beta-hydroxybutyrate in the blood. Theinterlock device determines alcohol (ethanol) in breath byelectrochemical oxidation, but acetone does not undergo oxidation withthis detector. However, under certain circumstances acetone is reducedin the body to isopropanol by hepatic alcohol dehydrogenase (ADH). Theignition interlock device responds to other alcohols (e.g. methanol,n-propanol and isopropanol), which therefore explains thefalse-positive result. This 'side effect' of ketogenic diets needsfurther discussion by authorities when people engaged insafety-sensitive work (e.g. bus drivers and airline pilots) submit torandom breath-alcohol tests.PMID: 16894360 [PubMed - indexed for MEDLINE]-----------------------------------------------------------------------------------------------Not likely. Ethanol in blood tests is usually determined enzymatically, with alcohol dehydrogenase. Interference from other alcohol type or ketones is usually considered to be less than 1%.
Can you deny a breathalizer?
You can refuse to take a breathalyzer test, but there may be legal consequences such as license suspension or other penalties depending on the jurisdiction. It's important to know your rights and consult with a lawyer if needed.
What can cause a false reading on breathalyzer?
Breath testers can be very sensitive to temperature, for example, and will give false readings if not adjusted or re calibrated to account for ambient or surrounding air temperatures. The temperature of the subject is also very important.[citation needed]Breathing pattern can also significantly affect breath test results. One study found that the BAC readings of subjects decreased 11-14% after running up one flight of stairs and 22-25% after doing so twice. Another study found a 15% decrease in BAC readings after vigorous exercise or hyperventilation. Hyperventilation for 20 seconds has been shown to lower the reading by approximately 32%. On the other hand, holding one's breath for 30 seconds can increase the breath test result by about 28%.[citation needed]Some breath analysis machines assume a hematocrit (cell volume of blood) of 47%. However, hematocrit values range from 42 to 52% in men and from 37 to 47% in women. A person with a lower hematocrit will have a falsely high BAC reading.Research indicates that breath tests can vary at least 15% from actual blood alcohol concentration. An estimated 23% of individuals tested will have a BAC reading higher than their true BAC. Police in Victoria, Australia, use breathalyzers that give a recognized 20% tolerance on readings. Noel Ashby, former Victoria Police Assistant Commissioner (Traffic & Transport), claims that this tolerance is to allow for different body types.[11]CalibrationMany handheld breathalyzers sold to consumers use a silicon oxide sensor (also called a semiconductor sensor) to determine the blood alcohol concentration. These sensors are far more prone to contamination and interference from other substances besides breath alcohol. The sensors require recalibration or replacement every six months. Higher end personal breathalyzers and professional-use breath alcohol testers use platinum fuel cell sensors.These too require recalibration but at less frequent intervals than semiconductor devices, usually once a year. Calibration is the process of checking and adjusting the internal settings of a breathalyzer by comparing and adjusting its test results to a known alcohol standard. Law enforcement breathalyzers are meticulously maintained and re-calibrated frequently to ensure accuracy.There are two methods of calibrating a precision fuel cell breathalyzer, the Wet Bath and the Dry Gas method. Each method requires specialized equipment and factory trained technicians. It is not a procedure that can be conducted by untrained users or without the proper equipment.The Dry-Gas Method utilizes a portable calibration standard which is a precise mixture of alcohol and inert nitrogen available in a pressurized canister. Initial equipment costs are less than alternative methods and the steps required are fewer. The equipment is also portable allowing calibrations to be done when and where required.The Wet Bath Method utilizes an alcohol/water standard in a precise specialized alcohol concentration, contained and delivered in specialized simulator equipment. Wet bath apparatus has a higher initial cost and is not intended to be portable. The standard must be fresh and replaced regularly.Some semiconductor models are designed to allow the sensor module to be replaced without the need to send the unit to a calibration lab. [citation needed]Non-specific analysisOne major problem with older breathalyzers is non-specificity: the machines not only identify the ethyl alcohol (or ethanol) found in Alcoholic Beverages, but also other substances similar in molecular structure or reactivity. The oldest breathalyzer models pass breath through a solution of potassium dichromate, which oxidizes ethanol into acetic acid, changing color in the process. A monochromatic light beam is passed through this sample, and a detector records the change in intensity and, hence, the change in color, which is used to calculate the percent alcohol in the breath. However, since potassium dichromate is a strong oxidizer, numerous alcohol groups can be oxidized by it, producing false positives. This source of false positives is unlikely as very few other substances found in exhaled air is oxidisable.Infrared-based breathalyzers project an infrared beam of radiation through the captured breath in the sample chamber and detect the absorbance of the compound as a function of the wavelength of the beam, producing an absorbance spectrum that can be used to identify the compound, as the absorbance is due to the harmonic vibration and stretching of specific bonds in the molecule at specific wavelengths (see infrared spectroscopy). The characteristic bond of alcohols in infrared is the O-H bond, which gives a strong absorbance at a short wavelength. The more light is absorbed by compounds containing the alcohol group, the less reaches the detector on the other side-and the higher the reading. Other groups, most notably aromatic rings and carboxylic acids can give similar absorbance readings.[12] Even water vapour does.Interfering compoundsSome natural and volatile interfering compounds do exist, however. For example, the National Highway Traffic Safety Administration (NHTSA) has found that dieters and diabetics may have acetone levels hundreds or even thousand of times higher than those in others. Acetone is one of the many substances that can be falsely identified as ethyl alcohol by some breath machines. However, fuel cell based systems are non-responsive to substances like acetone. A study in Spain showed that metered-dose inhalers (MDIs) used in Asthma treatment are also a cause of false positives in breath machines.Substances in the environment can also lead to false BAC readings. For example, methyl tert-butyl ether (MTBE), a common gasoline additive, has been alleged anecdotally to cause false positives in persons exposed to it. Tests have shown this to be true for older machines; however, newer machines detect this interference and compensate for it.[13] Any number of other products found in the environment or workplace can also cause erroneous BAC results. These include compounds found in lacquer, paint remover, celluloid,gasoline, and cleaning fluids, especially ethers, alcohols, and other volatile compounds.Homeostatic variablesBreathalyzers assume that the subject being tested has a 2100-to-1 partition ratio[14] in converting alcohol measured in the breath to estimates of alcohol in the blood. If the instrument estimates the BAC, then it measures weight of alcohol to volume of breath, so it will effectively measure grams of alcohol per 2100 ml of breath given. This measure is in direct proportion to the amount of grams of alcohol to every 100 ml of blood. Therefore, there is a 2100-to-1 ratio of alcohol in blood to alcohol in breath. However, this assumed partition ratio varies from 1300:1 to 3100:1 or wider among individuals and within a given individual over time. Assuming a true (and US legal) blood-alcohol concentration of .07%, for example, a person with a partition ratio of 1500:1 would have a breath test reading of .10%-over the legal limit. Most individuals do, in fact, have a 2100-to-1 partition ratio in accordance with William Henry's law, which states that when the water solution of a volatile compound is brought into equilibrium with air, there is a fixed ratio between the concentration of the compound in air and its concentration in water. This ratio is constant at a given temperature. The human body is 37 degrees Celsius on average. Breath leaves the mouth at a temperature of 34 degrees Celsius. Alcohol in the body obeys Henry's Law as it is a volatile compound and diffuses in body water. To ensure that variables such as fever and hypothermia could not be pointed out to influence the results in a way that was harmful to the accused, the instrument is calibrated at a ratio of 2100:1, underestimating by 9 percent. In order for a person running a fever to significantly overestimate, he would have to have a fever that would likely see the subject in the hospital rather than driving in the first place. Studies suggest that about 1.8% of the population have a partition ratio below 2100:1. Thus, a machine using a 2100-to-1 ratio could actually overestimate the BAC. As much as 14% of the population has a partition ratio above 2100, thus causing the machine to under-report the BAC.Further, the assumption that the test subject's partition ratio will be average-that there will be 2100 parts in the blood for every part in the breath-means that accurate analysis of a given individual's blood alcohol by measuring breath alcohol is difficult, as the ratio varies considerably.Variance in how much one breathes out can also give false readings, usually low.[15] This is due to biological variance in breath alcohol concentration as a function of the volume of air in the lungs, an example of a factor which interferes with the liquid-gas equilibrium assumed by the devices. The presence of volatile components is another example of this; mixtures of volatile compounds can be more volatile than their components, which can create artificially high levels of ethanol (or other) vapors relative to the normal biological blood/breath alcohol equilibrium.Mouth alcoholOne 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. To help guard against mouth-alcohol contamination, certified breath-test operators are trained to observe a test subject carefully for at least 15-20 minutes before administering the test. 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 (see above) 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.Other than recent drinking, the most common source of mouth alcohol is from belching or burping. This causes the liquids and/or gases from the stomach-including any alcohol-to rise up into the soft tissue of the esophagus and oral cavity, where it will stay until it has dissipated. The American Medical Association concludes in its Manual for Chemical Tests for Intoxication (1959): "True reactions with alcohol in expired breath from sources other than the alveolar air (eructation, regurgitation, vomiting) will, of course, vitiate the breath alcohol results." For this reason, police officers are supposed to keep a DUI suspect under observation for at least 15 minutes prior to administering a breath test. Instruments such as the Intoxilyzer 5000 also feature a "slope" parameter. This parameter detects any decrease in alcohol concentration of 0.006 g per 210 L of breath in 0.6 second, a condition indicative of residual mouth alcohol, and will result in an "invalid sample" warning to the operator, notifying the operator of the presence of the residual mouth alcohol. PBT's, however, feature no such safeguard.Acid reflux, or gastroesophageal reflux disease, can greatly exacerbate the mouth-alcohol problem. The stomach is normally separated from the throat by a valve, but when this valve becomes herniated, there is nothing to stop the liquid contents in the stomach from rising and permeating the esophagus and mouth. The contents-including any alcohol-are then later exhaled into the breathalyzer.[16]Mouth alcohol can also be created in other ways. Dentures, for example, will trap alcohol. Periodental disease can also create pockets in the gums which will contain the alcohol for longer periods. Also known to produce false results due to residual alcohol in the mouth is passionate kissing with an intoxicated person. Recent use of mouthwash or breath freshener-possibly to disguise the smell of alcohol when being pulled over by police-contain fairly high levels of alcohol.Testing during absorptive phaseAbsorption of alcohol continues for anywhere from 20 minutes (on an empty stomach) to two-and-one-half hours (on a full stomach) after the last consumption. Peak absorption generally occurs within an hour. During the initial absorptive phase, the distribution of alcohol throughout the body is not uniform. Uniformity of distribution, called equilibrium, occurs just as absorption completes. In other words, some parts of the body will have a higher blood alcohol content (BAC) than others. One aspect of the non-uniformity before absorption is complete is that the BAC in arterial blood will be higher than in venous blood. Laws generally require blood samples to be venous. During the initial absorption phase, arterial blood alcohol concentrations are higher than venous. After absorption, venous blood is higher. This is especially true with bolus dosing. With additional doses of alcohol, the body can reach a sustained equilibrium when absorption and elimination are proportional, calculating a general absorption rate of 0.02/drink and a general elimination rate of 0.015/hour. (One drink is equal to 1.5 ounces of liquor, 12 ounces of beer, or 5 ounces of wine [1].)Breath alcohol is a representation of the equilibrium of alcohol concentration as the blood gases (alcohol) pass from the (arterial) blood into the lungs to be expired in the breath. The venous blood picks up oxygen for distribution throughout the body. Breath alcohol concentrations are generally lower than blood alcohol concentrations, because a true representation of blood alcohol concentration is only possible if the lungs were able to completely deflate. Vitreous (eye) fluid provides the most accurate account of blood alcohol concentrations.Retrograde extrapolationThe breathalyzer test is usually administered at a police station, commonly an hour or more after the arrest. Although this gives the BrAC at the time of the test, it does not by itself answer the question of what it was at the time of driving. The prosecution typically provides an estimated alcohol concentration at the time of driving utilizing retrograde extrapolation, presented by expert opinion. This involves projecting back in time to estimate the BrAC level at the time of driving, by applying the physiological properties of absorption and elimination rates in the human body. Extrapolation is calculated using five factors and a general elimination rate of 0.015/hour.For example: Time of breath test-10:00pm...Result of breath test-0.080...Time of driving-9:00pm (stopped by officer)...Time of last drink-8:00pm...Last food-12:00pmUsing these facts, an expert can say the person's last drink was consumed on an empty stomach, which means absorption of the last drink (at 8:00) was complete within one hour-9:00. At the time of the stop, the driver is fully absorbed. The test result of 0.080 was at 10:00. So the one hour of elimination that has occurred since the stop is added in, making 0.080+0.015=0.095 the approximate breath alcohol concentration at the time of the stop.Photovoltaic assayThe photovoltaic assay, used only in the dated Photo Electric Intoximeter (PEI), is a form of breath testing rarely encountered today. The process works by using photocells to analyze the color change of a redox (oxidation-reduction) reaction. A breath sample is bubbled through an aqueous solution of sulfuric acid, potassium dichromate, and silver nitrate. The silver nitrate acts as a catalyst, allowing the alcohol to be oxidized at an appreciable rate. The requisite acidic condition needed for the reaction might also be provided by thesulfuric acid. In solution, ethanol reacts with the potassium dichromate, reducing the dichromate ion to the chromium (III) ion. This reduction results in a change of the solution's colour from red-orange to green. The reacted solution is compared to a vial of non-reactedsolution by a photocell, which creates an electric current proportional to the degree of the colour change; this current moves the needle that indicates BAC. Like other methods, breath testing devices using chemical analysis are somewhat prone to false readings. Compounds that have compositions similar to ethanol, for example, could also act as reducing agents, creating the necessary color change to indicate increased BAC.Breathalyzer mythsThere are a number of substances or techniques that can supposedly "fool" a breathalyzer (i.e., generate a lower blood alcohol content). A 2003 episode of the popular science television show MythBusters tested a number of methods that supposedly allow a person to fool a breathalyzer test. The methods tested included breath mints, onions, denture cream, mouthwash, pennies and batteries; all of these methods proved ineffective. The show noted that using items such as breath mints, onions, denture cream and mouthwash to cover the smell of alcohol may fool a person, but, since they will not actually reduce a person's BAC, there will be no effect on a breathalyzer test regardless of the quantity used. Pennies supposedly produce a chemical reaction, while batteries supposedly create an electrical charge, yet neither of these methods affected the breathalyzer results.[17]The Mythbusters episode also pointed out another complication: It would be necessary to insert the item into one's mouth, take the breath test, and then possibly remove the item - all of which would have to be accomplished discreetly enough to avoid alerting the police officers administering the test (who would certainly become very suspicious if they noticed that the person being tested was inserting items into their mouth). It would likely be very difficult, especially for someone in an intoxicated state, to be able to accomplish such a feat.[17]In addition, the show noted that breath tests are often verified with blood tests (which are more accurate) and that even if a person somehow managed to fool a breath test, a blood test would certainly confirm a person's guilt.[17]Other substances that might reduce the BAC reading include a bag of activated charcoal concealed in the mouth (to absorb alcohol vapor), an oxidizing gas (such as N2O, Cl2, O3, etc.) that would fool a fuel cell type detector, or an organic interferent to fool an infrared absorption detector. The infrared absorption detector is more vulnerable to interference than a laboratory instrument measuring a continuous absorption spectrum since it only makes measurements at particular discrete wavelengths. However, due to the fact that any interference can only cause higher absorption, not lower, the estimated blood alcohol content will be overestimated.[citation needed] Additionally, Cl2 is rather toxic and corrosive.A 2007 episode of the Spike network's show Manswersshowed some of the more common and not-so-common ways of attempts to beat the breathalyzer, none of which work. Test 1 was to suck on a copper coin. (Actually, copper coins are now generally often only copper-coated and mostly zinc or steel.[citation needed]) Test 2 was to hold a battery on the tongue. Test 3 was to chew gum. None of these tests showed a "pass" reading if the subject had consumed alcohol.Products that interfere with testingOn the other hand, products such as mouthwash or breath spray can "fool" breath machines by significantly raising test results. Listerine, for example, contains 27% alcohol. The breath machine is calibrated with the assumption that the alcohol is coming from alcohol in the blood diffusing into the lung rather than directly from the mouth, so it applies a partition ratio of 2100:1 in computing blood alcohol concentration-resulting in a false high test reading. To counter this, officers are not supposed to administer a PBT for 15 minutes after the subject eats, vomits, or puts anything in their mouth. In addition, most instruments require that the individual be tested twice at least two minutes apart. Mouthwash or other mouth alcohol will have somewhat dissipated after two minutes and cause the second reading to disagree with the first, requiring a retest. (Also see the discussion of the "slope parameter" of the Intoxilyzer 5000 in the "Mouth Alcohol" section above.) This was clearly illustrated in a study conducted with Listerine mouthwash on a breath machine and reported in an article entitled "Field Sobriety Testing: Intoxilyzers and Listerine Antiseptic" published in the July 1985 issue of The Police Chief (p. 70). Seven individuals were tested at a police station, with readings of 0.00%. Each then rinsed his mouth with 20 milliliters of Listerine mouthwash for 30 seconds in accordance with directions on the label. All seven were then tested on the machine at intervals of one, three, five and ten minutes. The results indicated an average reading of 0.43 blood-alcohol concentration, indicating a level that, if accurate, approaches lethal proportions. After three minutes, the average level was still 0.020, despite the absence of any alcohol in the system. Even after five minutes, the average level was 0.011.In another study, reported in 8(22) Drinking/Driving Law Letter 1, a scientist tested the effects of Binaca breath spray on an Intoxilyzer 5000. He performed 23 tests with subjects who sprayed their throats and obtained readings as high as 0.81-far beyond lethal levels. The scientist also noted that the effects of the spray did not fall below detectable levels until after 18 minutes.
