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Carl David Ceder

Texas Trial Attorney

900 East Campbell Road

Suite 110

Richardson, Texas  75081

214.702.CARL (2275)

214.206.9395 (Fax)

Carl@CederLaw.com
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"I have lived my life, and I have fought my battles, not against the weak and the poor, anybody can do that, but against power, against injustice, against oppression, and I have asked no odds from them, and I never shall."
Clarence Darrow

Carl David Ceder
Attorney at Law


    214.702.CARL (2275)
    469-2000-DWI (394)
    972-996-1975
    214.206.9395 (Fax)
    3210 Oaklawn Avenue
    Suite 289
    Dallas, Texas, 75219
    This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Radio Frequency Can Cause Falsely High Breath

This blog article is by a very well-known DWI defense attorney, Patrick Barone, on the importance of RFI detectors in DWI breath test cases.  I almost fell over in my chair once, while in trial, the breath test operator did not know what RFI intereference was, much less that it important for a valid test to prohibit all electronic devices from operating while the test is administered.

By Patrick Barone

Article Found Here

In reviewing videotapes of our client’s DUI arrests we often see cell phones being used in the booking room at the same time that the breath test is being administered.  The problem is that cell phones create radio waves, and these waves can interfere with the breath test.  Here is a videotape regarding this problem.  The videotape addresses the Intoxilyzer.  In Michigan we use the DataMaster, but the underlying concepts are the same.

Today cell phones are ubiquitous, and it is not unusual to see them in and around the breath testing equipment.  The prohibition against using portable radio transmitters, including cell phones, is grounded in well-known limitations in infrared breath testing technology.

The problem originally dates back to 1982, when “Smith & Wesson, a major manufacturer of breath-testing devices, notified law enforcement agencies that its Breathalyzer Model 1000 had been found to experience interference from radio frequency transmissions under certain test conditions, resulting in false test results.  Subsequent investigation suggested that the Breathalyzer Models 900 and 900A also were affected by various power levels.”

But the problem of radio frequency interference didn’t go away with better more modern equipment. Such breath testing equipment typically has RFI detectors incorporated within them.  The problem with these detectors is that they are not predictable.  Thus, it is impossible in many cases to determine whether or to what extent any particular breath test was tainted. With an instrument such as the Breathalyzer, where someone’s rights and freedoms are at stake, unpredictable performance is unacceptable.”  And, according to at least one source, RFI can potentially lead to breath test scores inflated by as much as 100%.

Additionally, as repeated tests have demonstrated, there is a segment of the frequency band to which the detector is essentially blind.  If there is a source of interference from a device emitting electromagnetic waves in this frequency range, it will not be detected.

Manufacturers and state experts will often point to the infalability of the RFI detectors that exist in modern breath testing equipment.  The problem is that, like slope detectors, and as shown by Mr. Biss in the video above, RFI detectors don’t work.  Thus, the incorporation of the RFI detector does not necessarily ensure that the breath testing equipment will be protected from RFI.  In order to pick up radio waves, the antenna connected to the RFI detector must be oriented in the proper position.

This situation can best be understood if one thinks about trying to pick up a station with an old fashioned portable radio or a television station with the new digital tuners.  It is important for the antenna of the radio or television to be oriented in the right position to receive the desired station.  Thus, even though the RFI detector may be capable of sensing RFI, the electronic circuitry of the particular breath testing machine could possibly be located in a position that it will not pick up the existing radio waves.

Areas of Practice

  • Criminal Defense
  • All DWI/DUI Charges
  • Jail Release
  • Attorney Bail Bonds
  • Assault & Family Violence Charges
  • Drug Charges
  • Sex Charges
  • White Collar Crime
  • Juvenile Cases
  • Expunctions
  • Motions for Non-Disclosure
  • Motions to Revoke Probation
  • Parole Violations
  • Federal Charges
  • Weapon Charges
  • Unlawful Carrying of·a Weapon
  • Criminal Trespass
  • Terroristic Threat
  • Failure to Identify
  • Credit Card Abuse
  • Credit Card Fraud
  • Insurance Fraud
  • Money Laundering
  • Engaging in Organized Criminal Activity
  • Resisting Arrest
  • Evading
  • Embezzlement
  • Theft
  • Shoplifting
  • Burglarly
  • Robbery
  • Murder
  • Personal Injury
  • All Personal Injury Claims
  • Car Accidents
  • Truck Accidents
  • Bicycle and Pedestrian Accidents
  • Motorcycle Accidents
  • Wrongful Death
  • Slip & Fall Claims
  • Premises Liability
  • Products Liability
  • Vehicle Defects
  • Medical Malpractice Claims
  • Day-Care Liability
  • Nursing Home Negligence
  • DWI/DUI
  • All DWI Charges
  • Driving While Intoxicated (DWI)
  • Driving While Intoxicated (DWI) 2nd or More
  • Driving While Intoxicated with Child Passenger
  • Intoxication Assault
  • Intoxication Manslaughter
  • Driving Under the Influence (DUI)
  • Occupational Driving Licenses
  • Administrative License Revocation Hearings (ALR's)
  • Driving While License Invalid
  • Public Intoxication
  • Minor in Possession of Alcohol
  • Drug Charges
  • All Drug Charges
  • Possession of Marijuana
  • Felony Drug Charges
  • Possession of a Controlled Substance
  • Delivery of a Controlled Substance
  • Drug Manufacture/Sales
  • Trafficking
  • Importation
  • Cultivation
  • Marijuana
  • Cocaine
  • Methamphetamines
  • Prescription Drug Charges
  • Possession of Drug Paraphernalia
  • Possession of·Manufacturing Equipment
  • Drug Paraphernalia
  • Assault Charges
  • All Assault Charges
  • Assault Bodily Injury
  • Domestic Violence
  • Assault Family Violence
  • Protective Order Hearings
  • Aggravated Assault
  • Aggravated Assault with a Deadly Weapon
  • Sexual Assault
  • Aggravated Sexual Assault
  • Kidnapping
  • Manslaughter
  • Involuntary Manslaughter
  • Sex Offenses
  • All Sexual Cases
  • Sexual Assault
  • Aggravated Sexual Assault
  • Rape
  • Date Rape
  • Statutory rape
  • Prostitution
  • Solicitation of a Prostitute
  • Child Pornography
  • Internet Charges
  • Solicitation of a Minor
  • Indecency with a Child
  • Indecent Exposure
  • Lewd Conduct
  • White Collar Crimes
  • All White Collar Crimes
  • Federal & State Cases
  • Fraud
  • Credit Card Fraud
  • Insurance Fraud
  • Mortgage Fraud
  • Computer Fraud
  • Securities Fraud
  • Bank Fraud
  • Extortion
  • Money Laundering
  • Insider Trading
  • Misapplying Property
  • Counterfeiting
  • Racketeering
  • Tax Evasion
  • Embezzlement

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