Today’s story will be of special interest to families where mom and dad are financially successful and in a world where parents give their children all the “right” things that money can buy, including designer clothing, attending a private high school, followed by private university, and, of course, while there, a car, an expensive car — even if one is not needed.

No matter how simple and practical parents would like to be, for some, the downside of monetary success is an odd pressure, a need to belong, to be accepted, to show others, “Just like you, we’ve made it and give our kids all the things we never had growing up.”

And so, for “Tyler,” raised on a steady diet of nice things, after graduation from college, living at home, no job, “thinking about going back to school for an advanced business degree,” driving his birthday present — a new Audi SUV — with a pocket-full of mom’s and dad’s money, life was good, life was fun — until it wasn’t — a recent Saturday at 2 a.m.

Our son phoned us from jail

“Mr. Beaver, my wife and I have read your column for over 20 years in the Hanford Sentinel, and never thought that one day we would be asking for your advice, but that day came last Saturday, when our 24 year-old son, Tyler, called from the county jail.”

“He had been booked for DUI after being in a single-vehicle, roll-over accident. There were no other passengers in the new Audi SUV we had just bought him as a birthday present a week earlier! It was a total loss, but all he got was a concussion, and otherwise, not a scratch.

“As my wife and I are well known health-care professionals in town, it would be highly embarrassing if word of this gets out. We have to be in Bakersfield for a neurological consultation of our son’s concussion, and would greatly appreciate meeting with you. We need to know what to expect, and to hear an honest evaluation of the DUI case. Thanks, Dr. Jim.”

‘You blew almost three times over the limit’

As my paralegal, Anne, and I would learn during our meeting with Tyler and his parents, he finished a late dinner at about 9:30, admitting to “having consumed two vodka cocktails prior to eating.” At midnight, he drove to a bar, meeting friends, had “two vodkas, one bourbon and left at about 1:30 AM.”

“What caused your SUV to flip?” we asked.

“There was a vehicle headed straight at me. To avoid a collision, I must have over-corrected, struck the curb, overturned and was knocked-out for some time, regaining consciousness when a CHP officer arrived.

“He asked me if I was ok, and if I would like to take a breathalyzer test, which I did and was informed that the result was almost three times the .08 limit. I was taken to the hospital, blood was drawn, and I spent the next several hours in custody.”

“Based upon what our son consumed,” his father inquired, “how could the blood alcohol level be so high? That would have required over 10 ounces of hard spirits!” There were three possible explanations:

(1) The breathalyzer was out of calibration, and gave a false reading — which was not likely.

(2) If the last drink was consumed within a few minutes of the breath test, the result could easily be influenced by residual mouth-alcohol — which was possible, but also not likely.

(3) Tyler drank far more than he remembered or wanted to admit.

Marijuana and alcohol = bad combination

“Do you think that the medical marijuana I use could partly explain the accident? I eat medical marijuana — chocolate squares containing cannabis — for neck pain,” he explained.

In fact, the combination of both substances has been found in several studies to be synergistic, that is, each potentiates the other. It’s as if more of either was consumed adversely impacting the ability to drive safely.

‘Look at mom and dad’

“The police report, witness statements and blood test are elements of your son’s DUI arrest which will tell the entire story. If his blood level is more than twice the limit — and I’m betting that it will be over that — he will almost certainly face 10 days in custody, not just work release — picking up leaves — but real time in jail if he pleads or is found guilty after a trial.

“And if that happens, in my experience, the only thing that helps people, just like your son, is that place where no one wants to go.

To Tyler, I said, “Look at mom and dad. They love you. Someone almost took you away from them. Do you know who?” I asked.

“Yeah, me,” he answered, sobbing. 

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Recently I was at a fraternity party, where before anyone was allowed to drive home, they had to blow into a small breathalyzer. Those who registered over a certain limit were told to hand their car keys to someone who blew a much lower number, and everyone made it home safely. I think that’s a great idea, and would appreciate your suggestions and recommendations that I can pass along to my fraternity friends here at Cal State Fresno. Thanks, Tommy Lee.

California State University at Fresno, like universities with any fraternity or sorority presence, has had its share of alcohol-related problems, and banned one frat early in 2006 for alcohol violations.

Let’s face it, at college, booze and “Greeks” (more commonly known as fraternities) go hand in hand. Even at schools with a “dry” policy, college students are going to drink, with little regard for age or other legal consequences. There is no way to beat ’em, but there is a way of attempting to assure some degree of safety, and that could very well be through the use of a device that measures the percentage of alcohol in a person’s blood.

Enter the personal breathalyzer

“It’s not just for the obvious – measurement of breath alcohol levels before getting into a car – but once these devices came down in price dramatically, their uses expanded into other important areas,” Keith Nothacker told me recently. He is the CEO of San Francisco based KHN Solutions, one of America’s largest distributors of alcohol measurement devices.

“At one time only law enforcement or private industry could afford to buy a Breathalyzer, and they were highly complex, fairly temperamental devices. But in the past few years, new technology has brought down the size and cost, and now anyone can own an accurate breathalyzer for less than $100. This means that virtually any homeowner, parent, or employer can have a device ready to use in seconds should the need arise,” he told me.

In preparation for this story, I was loaned two of the products KHN Solutions sells, and had a chance to test them in the real world, at a friend’s wedding. “Would you mind blowing into this little white tube?” I asked friends who had consumed alcohol during the evening. “Now, you know that I am going to get a positive reading, but just how high do you think the numbers are going to go?” I asked.

You don’t know how high is high

“It is virtually impossible to know exactly what your blood alcohol level is at any given time without some form of test,” Keith commented. “That’s why, if you drink, or serve alcoholic beverages to your friends to any considerable extent, those little red numbers on a personal breathalyzer that say Give Me the Keys can be highly persuasive,” he added.

And Keith is absolutely right. Of the several people I tested, not a single person had any idea what their real BAC (Blood Alcohol Content) was. In more than one instance, the look on our friends faces was close to, “You have got to be kidding! But I feel fine!” They were close to .08, and, “given the fact that alcohol is absorbed more slowly with food, there is a real possibility that their level could have continued to climb over .08, making them clearly driving over the limit.” Keith commented.

More than to avoid the slammer

There are other uses for a breathalyzer, and one that I found especially touching was the case of a woman who had problems with alcohol and was facing the loss of visitation rights with her children.

“We sold a professional unit that costs nearly $1,000 to a customer who needed to show that she was not consuming alcohol prior to or during visitation weekends with her kids. It was a nasty divorce and she had spent time in jail for DUI, but loved her children. Since she could not get law enforcement to test her, it was agreed that, in the presence of an agreed witness, she would test and the machine would automatically print out the results, time and date stamped,” Keith related.

Other applications for these devices are fairly obvious. Screening on the job site, a little check of son or daughter’s claim of sobriety, or, “as entertainment. You would be surprised at how often these are purchased and become quite an attention grabber at parties. Obviously, anything that helps to encourage responsible drinking among people who are going to consume alcohol is a good thing, and so there is that’s aspect as well,” Keith concluded.

I tested two of the products KHN sells, one the consumer version, and a professional unit costing around $500. They both were easy to operate, and left every user with a, you will pardon the pun, sobering feeling.

“I had no idea that I have probably driven well over that .08 level, legally under the influence, many times before,” said one of our friends at the wedding. “I was lucky that nothing happened. And nothing will, in the future.”

As I always do with any product tested, Keith will get his breathalysers returned, and then I am going to buy one. You can find his company’s Web site at www.khnsolutions.com.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Is there a breathalyzer in your future? appeared first on Dennis Beaver.

The reason to own a personal breathalyzer was clearly stated in the email we received the day after Christmas:

“Thank you for your articles about the importance of owning a personal breathalyzer, even for families where alcohol is not consumed. This past Christmas, we bought one at Costco, giving it to our nephew, Ted, on Christmas Eve. He is a student at College of the Sequoias in Visalia.

“Its use prevented him from getting into a car with one of his friends just as they were about to drive away from a Christmas party where a great deal of alcohol had been consumed.

“Ted asked his friend to blow into it. The first result was a .16, which was twice the legal limit. They waited a few minutes, and he next blew a .20, almost three times the limit and clearly dangerous.

“As Ted’s parents live out of state, he phoned us and we picked up both boys and took them to our home, where they spent the night. The following day, his friend had little memory of the night before.

“Your articles gave our family information which at the least saved one young man from a DUI, and at the worst, a horrible auto accident. For over 20 years, I have worked in law enforcement here in the Central Valley, and all I can say to you is thanks. There could have been no better Christmas possible for our family. R.C.”

Wide applications in business and at home assure driver safety

The presidents of two of the nation’s largest sellers of personal and law enforcement breathalyzers, Keith Nothacker of BACtrack Breathalyzer and Barry Knott at Lifeloc Technologies, told us they often receive similar letters and cite safety as the reason to own a personal breathalyzer.

They both also stressed that the only safe way to drive is simply not to drink at all and to understand that impaired driving often results from blood levels far below the limits at which you can be arrested for DUI.

“The appeal, usefulness and application of these devices – where they can and should be used – is extremely broad, not just for someone wondering if it is safe to drive home from a bar, restaurant or party,” Lifeloc’s Knott underscores.

“Breathalyzers appeal to many people,” agrees Nothacker. “Often customers have jobs which requires entertaining with little chance to avoid drinking. They want to be at zero or as close to zero as possible.

“Another use is to test anyone driving a company vehicle, such as pizza delivery drivers. Also, activities which have nothing at all to do with driving benefit from testing, such as when visiting a rifle range and planning to shoot. Operators of hands-on activities – such as go-kart tracks – are routinely testing all drivers,” he points out.

Lifeloc’s Knott sees parents and other family members as a large and growing market. “We hear from customers who confirmed their under-age kids were drinking. Then, the kids, knowing they would face consequences for being discovered, see the breathalyzer as a serious deterrent.

“But,” he adds, “We should not forget the educational factor in testing ourselves and friends. It is virtually impossible to know your Blood Alcohol Concentration (BAC) without testing, and most people greatly underestimate that number. So, by correctly testing ourselves, the breathalyzer leaves no doubt, even the morning after the party when you could still be far over the limit,” he stressed.

“These devices have an important place at the workplace,” Knott continues. “Drugs get more attention than alcohol, but alcohol is the bigger problem in terms of safety issues, such as workers’ compensation claims, damage to property, auto accidents and much more. Employers understand how bad drugs are, but many do not see the greater cost to their business that alcohol abuse can mean.”

Where to from here

Researching online is the ideal starting point, and the companies referred to in this article have excellent websites.

As with many other technologies, the price of fuel cells used in breathalyzers has come way down. Today you can pay from around $100 to slightly over $300, depending on features. We can only vouch for those we have tested from BACtrack and Lifeloc, whose consumer version is called the LifeGuard. We found both company’s devices to have law enforcement accuracy.

Finally, Lifeloc has an excellent, Department of Transportation-approved, highly interactive and engaging online course for business owners and supervisors, “Reasonable Suspicion For Supervisors,” which we can recommend.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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November 15, 2014 • By Dennis Beaver

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Personal Breathalyzer: Down in price, way up in accuracy appeared first on Dennis Beaver.

Part 1

It is back to college for students all across America. For many, this means party time which usually includes drinking – and we’re not talking Welch’s grape juice.

It also means driving for some when they should not be doing so for obvious reasons. Few intend to drive while over the .08 Blood Alcohol Concentration legal limit in all states; fewer still plan on getting arrested for a DUI. There isn’t a college student in the land who wants the local sheriff to place the worst possible kind of phone call any parent would want to receive – at 2 in the morning.

Nothing will ever change the reality that intoxicated drivers – regardless of their precise blood alcohol level – are going to place themselves at risk for a DUI arrest, and others on the road for an accident. Given the fact that college students are going to drink, the focus of today’s story is a direct response to a question from “Sean,” a third-year student at the University of Wisconsin at Madison. He is a member of a fraternity with a reputation for “heavy duty partying, at one of America’s true party schools,” he told me.

It was supposed to be accurate

“Some months ago, the father of one of my frat brothers thought that it would be a good idea to buy a breathalyzer and have everyone at our parties who planned to drive home test their blood alcohol content level.

“He found one which was approved by both the Department of Transportation and U.S. Coast Guard, and cleared by the Food and Drug Administration. Both advertising and packaging material described it as an ‘accurate and the most advanced professional breath-testing system available.’ He paid almost $200 for the unit.

“We used it at one of our big parties, and a number of students blew well over the .08 limit. There were many who were well under that level, and we cleared them to drive home. Some requested repeat tests, and then we noticed something odd. Repeated tests gave inconsistent results, which we should have doubted, but just thought they were not blowing into the device correctly.

“For example, one student who had just blown a .08, two minutes later blew into the breathalyzer again, and it registered a .05, meaning she was well under the legal limit. We just assumed that the difference – which was significant in such a short period of time – meant that she had not blown a proper breath sample the first time. We cleared her to drive home.

“The next day, we got phone calls from several students who were stopped by the police, administered their breathalyzer, and blew vastly higher numbers. In one instance, it was three times of what we recorded – he blew a .16, two times over the limit for a DUI arrest.

“We actually sent our unit back to the distributor and they sent it right back, claiming that it was performing to specifications. I feel that we – and all the people we tried to protect – are the victims of false advertising, as clearly this device – which we used correctly – just can’t be trusted.

“It is my understanding that you have written about this subject in the past. Is there such a thing as an accurate personal breathalyzer, or are all of these things just junk?”

Most consumer breathalyzers are inaccurate and inconsistent

“The experience of this particular fraternity with an expensive and useless breathalyzer is not unique. The majority of consumer breathalyzers on the market today are inaccurate and potentially dangerous for anyone who relies on the blood alcohol concentration numbers they give,” Barry Knott, president and CEO of Denver-based, Lifeloc Corporation told me when we discussed Sean’s question.

Lifeloc is one of a handful of breathalyzer manufacturers that sells accurate units to government, law enforcement and the medical profession, as well as consumer versions of the same devices. They use a completely different technology fuel cell than the majority of consumer devices sold today, which are inherently inaccurate and use semiconductors.

“You and the Law” has reviewed a university study of consumer breathalyzers commissioned by Lifeloc. It found the claims of accuracy by many manufacturers, distributors and retailers of consumer breathalyzers to be “misleading and exploit consumer interest in Blood Alcohol Concentration measurements.”

Next week, we’ll give you specific buying tips for getting a truly accurate breathalyzer, and explain how it is that our very own Food and Drug Administration, Department of Transportation and Coast Guard can easily be seen as negligent accomplices in what amounts to a dangerous consumer fraud on a massive scale.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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November 22, 2014 • By Dennis Beaver

Today’s story will be of interest to anyone who has wondered if there is a way to “beat” a breathalyzer. In fact, there is, and we’ll reveal it in a moment.

But first, with marijuana use becoming legal in more and more states, when law enforcement DRE’s (Drug Recognition Experts) are asked what tops their wish list, “A marijuana breathalyzer,” is an almost instant reply.

“I can easily determine a blood alcohol level with a breathalyzer, and along with the other measures of intoxication, decide if an arrest for DUI is warranted,” a Los Angeles County Deputy Sheriff, told You and the Law, adding:

“Even with our advanced training, it is far more complicated to establish that a driver is under the influence of marijuana and to convince a jury. Cops all across America can’t wait for the day that we have a marijuana breathalyzer and credible standards for how much THC (the active ingredient in marijuana) is too much.”

Saying “don’t smoke and drive” isn’t the answer

“A breathalyzer tells us how much alcohol is in a person’s system now, and we know that it declines at a predictable rate over several hours. But THC is completely different, and it is important for anyone who uses marijuana to understand that it’s not like alcohol,” explains Denver-based Barry Knott, president and CEO of Lifeloc Technologies. His company is a leading world-wide supplier of breath alcohol testers.

“THC can be measured in saliva, blood and urine, but long after the effects have worn off, and even weeks after the person has used marijuana, its metabolites can be found. Existing tests provide results which often have no correlation with how the THC is affecting the driver, if at all. Just because evidence that at some earlier time marijuana was used — medically or otherwise — is not proof of being under the influence now.

“THC is detectable in the breath, just like alcohol, and so a marijuana breathalyzer would be of real benefit to both law enforcement and users,” Knott maintains, and he’s not alone.

With a significant increase in “pot” DUI’s after legalizing recreational marijuana use in January this year, the Colorado Office of Economic Development — in a matching grant — awarded Lifeloc Technologies $250,000 towards development of the world’s first marijuana breathalyzer.

“How far are we away from hearing a police officer asking us if we have used marijuana and would it be ok to blow into this little device?” we asked Knott.

“Probably two to three years from now, that’s our estimate, but it’s coming, that’s for sure.”

Blow below a .08 and still get arrested for DUI

“When it comes to an arrest for drunk driving,” Hanford-based CHP Public Information Officer Adam Baresi points out, “while blowing a .08 will almost always result in trip to jail, an officer does not need the results of a breathalyzer to make an arrest for driving under the influence.

“The decision is based on the officer’s observations of driving, the Field Sobriety Tests — often including what we call the PAS test, which stands for Preliminary Alcohol Screening, followed by an evidentiary breathalyzer at the jail or police department.

“It is possible to have a very low blood alcohol level, and still be charged with a DUI if the officer finds the subject to be an impaired driver,” Baresi notes.

A challenge to both law enforcement and defense attorneys are “functioning alcoholics” who have developed a great tolerance to alcohol, outwardly appearing quite normal and able to pass the Field Sobriety Tests, but driving at or over the limit. Taking those drivers off the road is one of the reasons .08 or more is a separate DUI violation, and where the breathalyzer has had a significant impact on public safety.

Can a breathalyzer be fooled?

“Owning a personal breathalyzer should not be seen as a way to drink and drive,” is the clear message sent by San Francisco-based Keith Nothacker, founder and CEO of BACtrack, one of the world’s largest manufacturers of breathalyzers.

“Knowing your blood alcohol level — or that of your guests — is important and a good reason to own a personal breathalyzer. With a .00 it is safe to drive. Or, find another way home,” Nothacker points out.

Often asked if there is a way to “fool” a breathalyzer, he replies: “No. Sucking on a penny, or using breath fresheners such as mouthwash, Binaca, gum or mints — none of these work and can even make the result worse.”

But there is one way to “beat” a breathalyzer which many attorneys who specialize in DUI defense recommend: Refuse the test.

And the result? You lose your license for at least a year.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Part 2

Last week we told you about a fraternity at the University of Wisconsin at Madison that wanted to be sure anyone who planned to drive home after a party was below the legal limit for a DUI arrest, so they had them blow into a breathalyser. Only those who “blew” numbers well below .08 were permitted to drive.

Their breathalyser was “cleared” by the FDA, “approved” by Department of Transportation and advertised as giving “professional accuracy.” They had suspicions about accuracy issues with the device that night which were confirmed the next day. Several students were stopped by the police, and blew much higher numbers – the kind that can lead to a DUI arrest.

In fact, their device could not show an accurate blood alcohol level because, like most consumer breathalysers sold today, it uses semiconductor technology, valid only for screening – to verify if a person has consumed alcohol, but not the specific percentage blood alcohol content.

“But it was sold as being able to accurately measure and display blood alcohol levels,” a disappointed fraternity “bro” told me.

The Feds are allowing false claims to be made

Breathalysers sold in the United States must be “cleared” by the Food and Drug Administration and shown “safe and effective as “screening devices” but this does not men they can measure breath alcohol content accurately. The Department of Transportation, U.S. Coast Guard, and other federal agencies issue “clearance” and “approval” certifications at several different levels of accuracy. The highest is “evidentiary,” meaning the results can be used in court.

But semiconductor breathalysers have never been approved for use in court. If the justice system does not trust them, that fact should be taken into consideration as part of a buying decision.

There is widespread, misleading use of the FDA approval for screening devices. A recent breathalyzer accuracy and reliability study conducted by a major Texas university strongly criticized the FDA and sellers, describing many of them as “exploiting consumer interest by marketing these devices in a way that is misleading to the general public.”

You and the Law asked the FDA what, if anything, they are doing to protect the public from these false claims:

“Once we become aware of untrue or misleading claims [concerning the use of our approvals] we address them. If there was a compliance action taken involving these devices, that information would be available on the FDA website.”

We could find no evidence that the FDA has taken action against any of the hundreds of untrue and misleading advertising claims which use their breathalyzer approvals.

Credible manufacturers are concerned

“While a few sellers do make it clear their devices are only designed for alcohol screening, others use descriptions which aren’t just misleading, but encourage reliance on the numbers given. This is scary stuff we’re talking about, because when used as directed, these types of breathalysers can lead to precisely the opposite of what you’re trying to prevent,” warns Barry Knott, president and CEO of Denver-based Lifeloc Corp., which sells accurate – fuel cell – breathalysers to law enforcement, the medical profession, as well as consumer versions of those devices.

“Buyers must read everything closely and look for the word “screening” in advertising statements, on the box, or package insert. If it’s there, then you know that the only thing this device is good for is to see if the person using it has consumed alcohol; that’s all it can reliably do.”

“If you find the words fuel cell, then you’re getting the same technology that law enforcement uses. Anything else – regardless of how it is described – simply cannot be trusted to give you an accurate measure of blood-alcohol concentrations,” he cautions.

His comments were echoed by Jenny Yoder, Spokesperson for Q-3 Innovations based in Independence, Iowa. Their company sells both semiconductor and fuel cell breathalysers.

“We have always had very clear statements that semiconductor devices are intended for screening purposes. When other companies just say that their device is FDA approved, this is inherently misleading. It creates the feeling their product is going to be more accurate than a screening device can be. The FDA and other U.S. governmental agencies need to address these issues,” she maintains.

Our recommendations

You and the Law has had the opportunity to test fuel-cell breathalysers sold by Lifeloc, BacTrack and Q-3 Innovations. They were tested against breathalysers used by law enforcement, and all were extremely close in readings. Prices range from approximately $150 to $250, and each company has highly informative websites.

Unless only a screening device is needed, it is this writer’s opinion that a fuel-cell type is the only breathalyzer to ever consider buying. It can prevent a DUI and save lives.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Today’s story will be of special interest to anyone whose life is in some way connected to alcohol. Invite friends over for a nice dinner with an excellent California wine or to watch a game, chips and beer included? Suspect your teenagers of drinking? Our story is for you.

Know someone who has been arrested for a DUI? Have a good friend or spouse who drives after having several too many and only pure luck kept them from being arrested? There is something which will dramatically lessen the chances of a DUI arrest for people who are going to drink and drive.

By knowing your blood alcohol contact prior to driving, keeping it well below the legal limit, if stopped and tested by the police, the chances of being arrested go way down. The chances of causing an accident are also going to be reduced dramatically.

Your blood alcohol contact can be known by using the same type of device that law enforcement employs to determine blood alcohol content. Consumer versions are called “personal breathalyzers.” You may have seen ads for them — at fairly low prices — and might even own one.

The following e-mail from an Avenal reader tells an often-repeated story of how reliance on the wrong personal Breathalyzer proved to be a big mistake.

But it showed .04!

“To help my husband avoid a second DUI, I bought him a personal breathalyzer. I wanted him to know his blood alcohol level and quit before he reached the .08 limit if he was out and would be driving. The device claimed to be accurate and the instructions said to wait at least 30 minutes after the last drink for a correct reading.

“He was at a bar and tested himself in front of the bartender and friends. It showed he was .04 — well under the limit. He then got into his car to drive home,” she wrote.

“Two blocks from the bar he was pulled over by the Highway Patrol and asked to blow into the officer’s breathalyzer. It showed .12, obviously well over .08 limit and he was arrested for DUI. At court, the judge commented that most of these devices simply cannot be relied on. He lost his license and is going to do jail time.

“Are there any personal breathalyzers which you have researched and would recommend?” my reader asked.

Many not worth owning

“Many consumer breathalyzers on the market are not worth owning, as they are dangerously inaccurate. If there is one area where accuracy is critical, measuring your blood alcohol content is one for sure,” maintains Barry Knott, CEO of Denver, Colorado based Lifeloc Technologies. (lifeloc.com)

Knott’s comments are not those from someone merely trying to sell a product. You and the Law feels that owning a personal breathalyzer is not merely a way of avoiding a DUI arrest, but is in fact socially responsible. However, the differences in breathalyzer technology is something that needs to be understood before wasting your money or placing your life and that or others at risk.

Lifeloc is one of the world’s leading manufacturers of Breathalyzers used by law enforcement. In response to complaints about the cheap breathalyzers out there today, Lifeloc is also the first to introduce a consumer breathalyzer which uses extremely accurate fuel cell technology, the same as found in law enforcement units. It is called the LifeGuard Personal Breathalyzer. I have tested and compared the LifeGuard to police units. It is just as accurate.

Sobering facts

Here are some sobering — and not widely known facts about drunken driving. First of all, you do not have to be “drunk” to be seriously affected by alcohol. Each alcohol drink equals roughly .02 BAC. At .05, the probability of a crash increases significantly, and after .08, climbs rapidly. High BAC levels — .15 or above — accounted for more than half of the alcohol-related traffic fatalities.

“Dennis, people are going to drink and drive, no matter what. Last year in California there were close to 220,000 arrests for DUI, over 6,000 of them felonies. Think of how those numbers might have been greatly reduced — and the lives saved — if drivers had a realistic idea and would act upon just how high their BAC was before they drove,” commented Knott.

For any consumer thinking about a personal breathalyzer, it is critical to understand how the device gives you a blood alcohol contact number and if you can trust it. But right now, think: Fuel cell good. Semiconductor not so good.

Next week we will look at the technology and give you specific recommendations on what’s out there and what You and the Law recommends seriously considering.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post What you need to know about personal breathalyzers – Part 1 appeared first on Dennis Beaver.

Last week we began our look at personal breathalyzers, consumer versions of what law enforcement uses to measures a suspected drunk driver’s Blood Alcohol Level (BAC) This time, here are some recommendations on what to buy, but even more important, what not to buy. But first, let’s talk numbers — the numbers you don’t want to blow if stopped.

Register a BAC of .08 or more, and it’s off to jail. Have a Commercial Drivers License? Your limit is .05 and if actually driving a commercial vehicle, a conviction with a .01 is possible.

When you figure that the typical alcoholic drink equals a .02 BAC, it doesn’t take many to be in the “at-risk” category for a DUI.

“DUI arrests are among the easiest to avoid. Unless we have a BAC well over .08 for the average driver — it’s rare to arrest or prosecute,” a California CHP officer who asked to remain anonymous told me. “Obviously, it is not a good idea to ever drive after having any amount of alcohol, but if you are going to drink and drive, then before you get close to your car, know your real BAC. You can do this by owning your own breathalyzer, but it had better be a good one,” he added.

The cost of even a “simple” DUI is around $10,000, and often much more. We’re talking close to $2,000 in fines, jail time, drunk drivers’ school, loss of your license — which could lead to losing a job — and monumental increases in insurance rates. But it gets worse: Having even one DUI will make it impossible to get hired for certain jobs, could impact credit as well as being unable to rent an apartment or house.

Understand the differences in breathalyzers

Over the past few years consumer breathalyzers appeared on the market, some as cheap as $15. In this case, “cheap” means you can’t trust the numbers. The reason is because of the technology used in most inexpensive consumer breathalyzers.

You and the Law interviewed presidents of two of the nation’s largest manufactures of both police and accurate Personal Breathalyzers, Barry Knott of Denver, Colo.-based Lifeloc Technologies and Keith Nothacker, president of BacTrack Breathalyzers of San Francisco. Knott zeroed right in on those breathalyzers to be avoided for anyone wanting accuracy:

“Until recently, virtually all consumer breathalyzers used semiconductor technology which cannot be relied on to give an accurate reading. None of them can be trusted. The individual range of readings is enormous. They can easily read extremely low or high, and you have no idea if the number generated is accurate.”

“But what if you simply need to know if someone has been drinking — not necessarily an accurate BAC — but if that student, employee, son or daughter has consumed some alcohol?” I asked.

“In this situation,” replied BacTrack’s Keith Nothacker, “there is a place for semiconductor breathalyzer to be used as a screening device. High schools buy them as they are inexpensive, and permit the staff to test for the presence of alcohol. They answer the question, provided the device is used properly and calibration has been maintained.”

So, what should I buy?

It is now possible to own a Personal Breathalyzer that has the same accuracy as those used by law enforcement, using platinum fuel cell technology.

“Initially developed for health care and law enforcement, recent advances in manufacturing techniques have brought the price level down significantly,” notes BacTrack’s president.

“Fuel Cells are accurate, consistent and respond quickly over a wide range of alcohol breath concentrations. As they only react to alcohol, the results are not influenced by cigarette smoke, perfume, or other chemicals,” Knott pointed out.

Our experience and recommendations

You and the Law tested Lifeloc’s Lifeguard and BacTrack’s S75 Pro. We put them up against a breathalyzer used by the California Highway Patrol, the FC-10. These personal breathalyzers performed with equal accuracy to the FC-10 and cost a fraction of its price.

We also tested them all against a new “professional” semiconductor breathalyzer selling for around $150. It gave readings that were scary.

One subject consumed 5 drinks, giving a fuel cell BAC reading of .09 = DUI level. The semiconductor results ranged from .01 to .04 = no likely arrest. But one reading was far more interesting: .40 — close to being comatose, dead, or on life-support.

Which is where that unit belonged.

I can recommend any of the consumer fuel cell breathalyzers sold by Lifeloc or BacTrack. They work. They keep you out of jail. In the hands of someone who likes alcohol and who has a conscience, they save marriages. They save lives.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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