Do the breathalyzers that police administer have a one-time throw-away device that testers put their mouth in?

Question

I'm thinking how do they sanitize the breathalyzer from one user to the next? If not, then there must be somekind of legal ground to refuse the test.

Answer 1

Yes it's one use and if there were legal grounds to refuse the test based strictly on that someone else would have thought of it LONG ago to avoid/or get out of a dui.

Answer 2

looking at some websites, most breathalyzers have a plastic mouthpiece that they put over the tester. some of the breathalyzers have enhanced mouthpieces that only allow air to flow in one direction.  

Answer 3

There is a disposable mouth piece that is used. One use and it's thrown away.

Answer 4

Depending on the device, there is usually a sterile mouth piece that is used for each subject. The mouth piece looks like a short straw (although it is slightly more complicated than a straw). Each is individually wrapped, so that it is sterilized. In other words, there isn't one bad with a bunch of straws all packed together touching each other. Each has its own plastic wrapped and sealed bag.

There is nothing that says (in CA) they have to open the sealled bag in front of you. Most of the time, cops just do what they want.

There are many other things the cops can do to s***w up the breath test. They can only do one test when two is required. They can fail to observe (not just wait 15 minutes) the person for 15 minutes before giving the test. The test itself might be given when the person is still absorbing alcohol from his digestive track into his blood. The breath machine might not have been calibrated correctly.

Also, these things have a margin of error. Some say the margin is .01 either way. In other words, a .06 results might be .05 or .07. Some say it is 20% either way. A .10 might be .08 or .12.

If you result is close to .20, forget it. But if it's a borderline case . . . .

Talk to your lawyer.

Answer 5

Yes, there's a sterile throwaway mouthpiece.

Edit: Texas now has a no refuse law, so they can forcibly take your BLOOD. No Constitutional issues there. This is the state that was second to last to outlaw open containers.

Answer 6

There is a removable mouth piece or "straw" depending on the device they are using. The new pieces are sealed in plastic just like items at a doctor's office. Just like the thermometer covers at the doc's office.

Answer 7

One use each and they're thrown away. They are individually sealed in a plastic package, so they're also clean when used.

You can always refuse to take the test, but be aware that most states have laws for dealing with that situation also. For example, in Kentucky, if you refuse to take the breath test, you will automatically lose your driver's license for 6 months, even if you are not convicted of the DUI. If you refuse the officer's test, you also lose the right to request an independent blood test.