Blowing over .08 – The Fallible Datamaster Machine

If you are stopped for suspected DUI in British Columbia, the officer will require you to blow into a breathalyzer.  The BAC Datamaster machine attempts to determine what your blood alcohol concentration (BAC) is, by taking samples of your breath. The Datamaster uses infrared spectroscopy (IS) to capture and absorb any ethanol (alcohol) molecules. There are a number of problems that can cause false and high readings.

The Datamaster has many high-tech components, and as we all know from our own computer use, things can go wrong and crash. Operator error can also affect the result, as can simulator solutions and problems with the E-prom chips. Software errors, problems with the thermistor and sample chamber can also cause problems. Improper procedural safeguards can also call into question the evidentiary significant of the results.

This is a highly complex area of the law and requires a forensic understanding. Just because the machine says you were over .08, does not necessarily mean that your BAC was in fact over .08.   Contact D. Gosal & Associates, Surrey Law Firm, immediately if you have been charged with an alcohol-related offence.  As an experienced DUI Trial Lawyer, Dil Gosal can help ensure you get the best possible outcome for your DUI/IRP charges.