Carmon

Hello,

Another loyal reader recently asked me an intriguing question. It's a question that I had to think about. Not because I did'nt know the answer, but because of possible ethical issues. I email this individual and asked her why she wanted to know this ( yes, a she). She replied, " I'm a student studing toxicology at a major university. My professor told the class that no one can fool a breath analyzer test". Well, I decided to answer the question, but with a disclaimer.

Drinking while driving is serious. You could kill or severely injure a fellow citizen. So don't drink and drive. Matter of fact, don't violate the law at all!

Your professor is partially correct, but their is a way to avoid the actual 'conviction in court'. The analyzer may be correct, but you could convince a judge that the test was wrong. First, in most states, the difference between a DWI and DUI or not the same in most states. In the former, it's involving alcohol, while in the latter, it's involving over the counter medications, prescriptions, or any thing that will impair your ability to operate a vehicle. Some states call both DUI.

First, let's deal with your professor. The simple spice called garlic could trick a test. Not a liitle but a large amount. It certainly can reduce the total score on the analyzer. Say for instance that your state law caps a DWI at a score of 0.9. This means that if your score is 0.8 or below, you're not legally intoxicated. Garlic consumed a few minutes before a test can bring your score down a few points. If you're driving at 0.9 and ate garlic just before the test, you could clock in at 0.7, which means you tricked it.

Now the conviction part. If you were stopped in your vehicle and asked to take a test, and you failed, you will be given a court date, as well as a night or more in jail. When you bond out and appear in court, you could have a defense if you can prove the test was wrong. How? If you were taking any legal presciption containing alcohol or said you had consume something like , well I can't say that. But it's something easily available over the counter. My point is that a judge has the power to rule based on intent. A DWI or DUI thrown out of court is not a conviction.

I must say this again If you have read any of my articles I never suggest breaking the law. My focus is on those cops who violate the law. I see this article as a debatable subject for the lady who asked the question. She can now go to class and debate her professor (smile) I have learned that life has very few absolutes. Most things have an exception.

Finally, I write these articles for information, awareness, and safety. Drive safe!

This author submits professional articles to http://www.ezinearticles.com His articles informs citizens about how to handle different situations when confronted by the police. Mr. Davis is a former award winning police officer.