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The EC/IR II suffers from the same problem that all breath testers experience: it is an indirect measurement of alcohol in the blood that estimates the amount of alcohol from what is found in the breath.  This is based on our understanding of lung physiology from the 1950s and it is wrong.  I repeat; it is wrong. Supposedly the breath tester measures deep lung air which contains alcohol in direct proportion to alcohol contained in the blood. Actually, it never measures deep lung air.   To add injury, theEC/IR IIsometimes inflates its already inaccurate and unreliable results. Virginia has, at last count, 45 pages of results where the gadget inaccurately reported breath alcohol contents of over .550 g/210L.  Pure insanity; no one is breathing at those levels; that is to infinity and beyond.

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Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving

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What problems have you found with Virginia's evidentiary breath tester, the EC/IR II?

 

A:
The EC/IR II suffers from the same problem that all breath testers experience:  it is an indirect measurement of alcohol in the blood that estimates the amount of alcohol from what is found in the breath.  This is based on our understanding of lung physiology from the 1950s and it is wrong.  I repeat; it is wrong.  Supposedly the breath tester measures deep lung air which contains alcohol in direct proportion to alcohol contained in the blood.  Actually, it never measures deep lung air.  


To add injury, the EC/IR II sometimes inflates its already inaccurate and unreliable results.  Virginia has, at last count, 45 pages of results where the gadget inaccurately reported breath alcohol contents of over .550 g/210L.  Pure insanity; no one is breathing at those levels; that is to infinity and beyond.