Date of this Version

6-1-2010

Document Type

Journal Article

Publication Details

Submitted Version.

Coyle, I. R., Field, D., & Starmer, G. A. (2010). An inconvenient truth: Legal implications of errors in breath alcohol analysis arising from statistical uncertainty. Australian Journal of Forensic Sciences, 42(2), 101-114.

Access the Journal's homepage.

2010 HERDC submission. FoR Code: 180100, 039900, 030100, 069900

© Copyright 2010 Australian Academy of Forensic Sciences

Abstract

The general practice in courts throughout Australia is to accept without question the accuracy of what are popularly referred to as 'breathalysers', or breath analysis instruments as they are legally described. The possibility that they might be providing false readings is only considered if that possibility is raised as a matter of evidence by a motorist who has been breathalysed, and who now faces the prospect of legal sanctions as a result of what it is alleged was revealed by the breath analysis instrument. In this article, it is argued that the methodological and statistical bases for such an assumption are unsound, particularly when the blood alcohol level inferred from breath analysis is close to an important, legislatively proscribed, threshold such as 0.05% or 0.15%. It is an inconvenient truth that breath analysis overestimates blood alcohol levels for some individuals at these thresholds, with profound legal consequences.

Share

COinS
 

This document has been peer reviewed.

 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.