Should the breath test be the admissible method for determing blood alcohol level?
Theres an interesting thought here that a breath test should only be used to determine if further testing is required. But I see this as a slippery slope to removing your right to refuse the breath test. The further testing from the breath test are urine and blood, blood testing being the most accurate. If there was some pretxt that the breath test could be administered without consent on grounds of reasonable suspicion to determine probable grounds for a blood test, with or without consent… raises my hackles.
But I agree that calibration of the machines is a agency free pass card. Even if someone testifies that they caibrated the machines correctly, theres no arena to dscuss the possibility that the calibrations were correct at the exact time of use.
http://katzjustice.com/underdog/permalink/BreathalyzersInaccurate..html
Miss Attorney Ma'am 