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Friday, November 15, 2019

Bell Island

Island & Huff Law OfficeBell Island is Nebraska's only Board Certified Specialist in DUI Defense by the National College for DUI Defense. Read More

 



 

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Welcome to Island Law Office, PC, LLO located in Gering, NE. Island Law Office built their practice on dedicated legal representation founded on strong client relationships. We pride ourselves on our accessibility and responsiveness to your needs.

Contact Details

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(308) 633-4040
Office
1428 10th Street, Gering, NE 69341

Breath temperature is a critical component to any breath testing program. Breath testing, in most machines, is assumed to be at 34°C. However, you know what they say about assume? This assumption improperly inflates your client’s true BAC result. Even the police acknowledge this problem in breath testing. The IACT Newsletter, Breath Temperature: An Alabama Perspective, found here: https://drive.google.com/file/d/0BxbLCAZZvzl3cUZhczRkcUpmTnc/view?usp=sharing determined in their study that the mean breath temperature was 35.1°C, more than a degree higher than the machine assumes.

This wasn’t an abnormality, but the norm. 93% of the tests were higher than 34°C. The article also points out the Schoknecht Study, which had 700 subjects, versus the minimal amount in the other cited studies, shows a possible temperature as high as 36.7°C, or almost 3°C higher than assumed by the machine.

For each degree C the temperature is over stated, it increases the test result by 6.7% or more. A test result can overestimated by nearly 20%. Reduce your client’s result by the same 20%, and it may very well bring her below the legal limit. Another tool you can find in the virtual library