IMMEDIATE RELEASEPortable Breath Test Machines Unreliable and Inappropriate for use of High School Prom Events, says Massachusetts LawyerBraintree, MA Every spring is prom season, which usually with it more well meaning, but ill-considered attempts to stop prom attendees from drinking. In their efforts to stop high school revelers from drinking before or during the dance, some towns consider requiring students to blow into a breath test device to get into the prom. But according to prominent Attorney Russell Matson, who concentrates his practice in drunk driving defense, this is an inappropriate use of these devices. "These portable breath test devices that can be purchased on the internet for $100 are so notoriously inaccurate that they are inadmissible as evidence in Massachusetts courts", Matson said. These machines aren't calibrated or certified in any way, and there is simply no evidence that they are at all helpful in determining if someone has consumed alcohol. If the state has determined they they are inadmissable as evidence in court, you should consider how much faith to place in these readings. Portable Breathalyzers Give False Positives At Low Alcohol LevelsHe added, "In my drunk driving defense practice, I've come across many different ways to induce a false positive response from these devices, including using mouthwash, eating mints like Certs or Altoids, and even eating certain breads. There are also a number of medical & stomach conditions that can also trigger a response. There have also been cases where breath test machines can mistakenly indicate alcohol consumption in someone who is on a high protein diet." The only machines that are certified for evidentiary purposes in Massachusetts are large machines that are primarily operated at police stations by officers with extensive training. And even then, they are only scientically rated to detect alcohol over .08% at +/- .02% accuracy. If students could be banned or discplined for low levels of alcohol, that would be unfair both in terms of scientific validity and due process. Attorney Matson went on to say "It would be absolutely unfair and wrong for any student to be subjected to any disciplinary action from the school based on evidence from a device with no scientific accuracy or legal legitimacy". For more information about issues with breath alcohol tests, or other related legal issues, contact Attorney Russell Matson at (781) 380-7730, or refer to his web site, madrunk.pdxids.com --- |