Are You Hot? You Had Better Tell Your OVI Attorney
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.