a breath test of 0.18 BRAC. Client
stopped for speeding, arresting officer claims he fails field sobriety tests
and arrests. Client agrees to take
breath test. Result of breath test on
Intoxilyzer 5000 EN is a 0.18 Breath alcohol reading.
drank while chewing tobacco was in his mouth.
There is a video that shows client attempting to remove the chew from
his mouth at the time of the stop and during the 20 minute observation. Police do restart the 20 minute observation
but do not allow or ask him to rinse and clean out mouth.
Wisconsin to testify that the chewing tobacco could contaminate the breath test
making it unreliable scientifically.
Mary McMurray explains how chewing tobacco can contaminate the breath
test and create a false positive reading.
tobacco would not cause there to be any contamination or elevation of the
breath reading. Mr. Howe is cross
examined vigorously and confronted with a learned treatise and concedes that he
has never done any experiment involving a dosed subject and mouth