A DUI Case Brings About a New Defense

I did not know that it was possible to get arrested for a DUI even if you haven’t been consuming alcohol. People have been known to fail the Intoximeter test after inhaling vapor from solvents in paint or floor varnish. The Intoximeter is the machine that is used to measure the alcohol content on a person’s breath.   

Apparently, these breathalyzer tests don’t measure the alcohol that is on a person’s breath.  These machines actually find and measure the amount of methyl in a molecular compound.   Compounds such as paint, glue, gasoline, and thinners contain methyl which results in higher readings on the Intoximeter.  Prosecutors have been using this as a new defense to create doubt in the minds of the jurors.Retired police officer Charles Smith has testified in a number of cases involving this issue.  Moreover, he also discovered that inhaling solvents over a long period of time has an effect on the readings of different DUI breath tests.

An example of this type of case occurred in Georgia (State v. Keating), in which a man had put a finish on a gymnasium floor and was arrested later for drunken driving.   To prove his case, the defense asked the judge to if they could conduct an experiment to recreate the job situation.  A police officer monitored the defendant the whole day and found that the police officer tested with a higher reading than the defendant.  The charges were dismissed against the defendant. 

If you live in San Diego and have been falsely arrested for a DUI, contact an experienced San Diego DUI lawyer to represent you.  Visit: http://www.sandiego-dui-lawyer.com/ as soon as possible for more information.