- Scientific studies have shown that breath testing is inherently unreliable and an unacceptable method for accurately determine blood alcohol concentration.
- Between 81% and 93% of breath tests nationwide are falsely elevated on the basis of breath temperature.
- Blowing technique that does not follow required guidelines can change the equivalent Blood Alcohol Concentration (BAC) as measured by breath from as little as 50% to over 150% of the true BAC.
- Strict scientific procedures in quality control and quality assurance are NOT followed by the police.
- Police Officers can give improper blowing instructions, causing a false positive test result.
- No required video/audio for the suspect’s breath test, which leaves the proper administration of the breath test suspect and open to police operator error.
- Physiological variables in people prevent any reasonable breath test accuracy.
- Manufacturers will not permit attorneys to analyze the machine’s source code for the software program. Source code may not be dependable or reliable.
- Breath machines are not required to be regularly serviced and maintained in Ohio. Not all machines that are failing are removed from service.
- The Supreme Court of Ohio does not permit challenges to the general reliability of breath test machines.
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