Legal Question in Criminal Law in Arizona
Accuracy of Breathalizer
How accurate are breathalizer tests and are are they sufficient to prove alcohol consumption (say for a .03)?
Thank you!
Asked on 9/10/03, 6:03 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Accuracy of Breathalizer
Intoxilizer tests are pretty accurate in the higher ranges - .08 and up. Assuming the machine is properly warmed up and calibrated, it should give an accurate reading within the range of .08 - .40 or so. The machines are slightly less accurate in the lower ranges, and sometimes won't give a definitive reading at .03. However, if the machine registers at, say, .03, it is probably reliable. Even if the machine is off it is probably not going to be off more than .01 or so. .03 is not a crime in any state in the US if the subject is otherwise of legal age.
Answered on 9/10/03, 6:15 pm
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