Are You Hot? You Had Better Tell Your OVI Attorney
Sometimes having an experienced OVI attorney can make all of the difference.
Breath testing equipment assumes that ALL people have an expired breath temperature of a constant 34 degrees centigrade and a constant body temperature of 37 degrees centigrade. So, what happens if these assumptions are just a little off?
The BAC will register 8.62% higher than normal for each degree that the breath temperature is above normal. So, a person registering a breath test of .143% with a body temperature of 104 degrees fahrenheit would actually have a BAC of .106%. This means quite a bit as many prosecutors would be willing to give a person around a .10 a break, while conversely treating a .143 test as a n0-reduction result.
It is important to tell your OVI attorney if you had been dancing, sitting under a heater, having hot flashes, sick, feverish or just plain hot at the time you were picked up by police. Some officers are known to put a suspect in the back seat with the heat turned way up so as to better smell any alcohol emitting from their bodies.