Virginia DUI Tyndall Effect

Who would have thought air bags could affect DUI breath test results? If you’ve been charged with DUI and were involved in an accident where your air bag deployed and you submitted to a breath test, you need to pay close attention. Air bags are packed with powder to help with preservation. When the air bag deploys the powder can end up in the driver’s mouth and nose. Some drivers cough up the substance for hours. A result of the Tyndall effect, the breathalyzer used in Virginia will give incorrectly high results if the powder interferes with the equipment.

Named for Irish scientist John Tyndall, the Tyndall effect is how light scatters through particles in mixtures. This is illustrated by car headlights going through fog or light breaking through an opening of trees. The intoxylizer 5000, the breathalyzer used in Virginia, relies on infrared lasers that interact with the powder from the air bag and distort the laser thereby producing a false high reading.

What else influences breath test results?
Breath analyzers come in all shapes and sizes and utilize different technology.
They are an excellent tool for law enforcement, but they are far from a perfect science. Not to mention for any test to be accurate it has to be administered correctly by someone competently trained. Many physiological factors relating to the stomach, throat, and mouth may skew a DUI breath test. These conditions range from gingivitis, acid reflux, asthma, irritable bowel syndrome, bronchitis, and many others. DUI lawyers know exactly how to include any condition you have into part of your defense.

I was charged with DUI. How serious is this charge?
Up front you may face license suspension, fees, fines, vehicle impoundment, ignition interlock, community service, and jail time. A DUI conviction carries a lot of baggage with it aside from the many evident consequences. This includes higher insurance premiums, difficulty finding coverage, employment complications, and embarrassment from your peers. A person convicted of a DUI in Virginia will be considered a convicted criminal for the rest of their life. Despite the gravity of the situation, you have nothing to be embarrassed about. DUI charges can be defended and defeated. It’s time to put this behind you. Call Boone and Beale today and let them defend your rights today!