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DUI and Breath Analysis
Following a failed breath test, police have power to then arrest and take the
person to the Police station where they are submitted to a BREATH ANALYSIS.
A breath analysis is carried out on a machine which is a prescribed instrument under the legislation and is referred to as a Drager Alcotest 7110 instrument. This instrument is much larger than the hand held instrument used at the roadside. It is in fact a finely tuned scientific instrument which measures the breath by way of infrared absorption and electrochemical reaction.
When the subject blows into the tube, there is a requirement to light up 16 asterisks after which the operator will tell the subject to cease blowing. This "blowing of breath" by the subject must reach a volume of 1.5 litres of "deep lung air" which is then analysed by the instrument and in turn prints out a long strip, (similar to a cash register receipt) which indicates the concentration of alcohol expressed as gms/100mls of blood. This analysis is one of "breath to blood ratio" which means that 2100 mls of breath contain the same weight of alcohol as does 1 ml of blood. There have been challenges to this system of measurement because of factors such as "body temperature" and "variations between individuals", such that there are changes presently on foot for the reading to be expressed as "breath alcohol concentration" rather than "blood alcohol concentration".
If that change is brought about, then the reading will be expressed as "gms of alcohol in 210 litres of breath".
Offence:
It is an offence to refuse or fail to submit to a breath analysis in accordance with the directions of the officer.
Defence:
Similar defence provisions are available as set out for Breath Testing. (see DUI - Random Breath Testing)
Click here for a comprehensive chart of penalties.
A breath analysis is carried out on a machine which is a prescribed instrument under the legislation and is referred to as a Drager Alcotest 7110 instrument. This instrument is much larger than the hand held instrument used at the roadside. It is in fact a finely tuned scientific instrument which measures the breath by way of infrared absorption and electrochemical reaction.
When the subject blows into the tube, there is a requirement to light up 16 asterisks after which the operator will tell the subject to cease blowing. This "blowing of breath" by the subject must reach a volume of 1.5 litres of "deep lung air" which is then analysed by the instrument and in turn prints out a long strip, (similar to a cash register receipt) which indicates the concentration of alcohol expressed as gms/100mls of blood. This analysis is one of "breath to blood ratio" which means that 2100 mls of breath contain the same weight of alcohol as does 1 ml of blood. There have been challenges to this system of measurement because of factors such as "body temperature" and "variations between individuals", such that there are changes presently on foot for the reading to be expressed as "breath alcohol concentration" rather than "blood alcohol concentration".
If that change is brought about, then the reading will be expressed as "gms of alcohol in 210 litres of breath".
Offence:
It is an offence to refuse or fail to submit to a breath analysis in accordance with the directions of the officer.
Defence:
Similar defence provisions are available as set out for Breath Testing. (see DUI - Random Breath Testing)
Click here for a comprehensive chart of penalties.
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