How accurate and reliable are the police methods used to
determine alcohol concentration?
Texas law
provides that testing of alcohol concentrations can be performed
by analysis of a DWI suspect's urine, blood or breath. All three
of these testing methods, however, leave much to be desired.
Urine
testing is the least accurate and least reliable means of
alcohol concentration testing. Indeed, there appears to be no
debate in the scientific community that this method of alcohol
concentration testing is the least preferred.
Blood
testing, unlike that of urine testing, is thought by the
majority of forensic scientists to be the most accurate and
reliable means of alcohol concentration determination. From a
police perspective, however, it is also thought to be the least
desirable and least convenient method. Further, like the testing
of urine specimens, it provides an opportunity for the arrested
person to recheck the blood test. If found to be erroneous, the
validity of the police test can be attacked by re-testing the
exact specimen taken by police.
Breath
testing, again from a police perspective, is the most convenient
means of alcohol concentration determination. In regard to the
issues of accuracy and reliability of breath testing, however,
there continues to be a heated debate among scientists.
Moreover, under current procedures for breath testing in Texas,
breath samples are not preserved for subsequent checks of the
initial test's validity. Indeed, for purposes of breath testing,
if you are an innocent person and your breath test results show
you to be intoxicated, then the chances of showing error in the
prosecution's case against you are literally "gone with the
wind".