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Blow
to the breathalyzer Drunk driving is an offence punishable by a minimum fine of Rs. 2,000 or a minimum three-month jail term or both. In addition the driving licence could be suspended for a year. According to experts, the officer should get the suspect to blow the breathalyzer unit in one breath for 15 seconds, during which period the yellow crystals in the tube turn green. If this colour change reaches the red mark in the centre of the tube during the 15 seconds, it indicates that the alcohol level in the blood has exceeded the legally permissible level, which is 0.08 grams per 100 millilitres of blood. However, if the person blows the tube in more than one breath, the yellow crystals will turn green and reach the red mark even if he has consumed a small quantity -- even if the actual alcohol content in the blood is below the required level. Retired police officers and Government Analyst Department sources confirmed that blowing into the breathalyzer more than once could change the outcome of the test. A Deputy Government Analyst said the suspect should be asked to blow the breathalyzer only once and if he was asked to blow continuously, the result would show a figure more than the actual level. Our investigation shows that many police officers order the suspect to continue to blow more than once, waiting until yellow turns green and reaches red. This is because the department cannot afford to use more than one unit on one suspect due to financial strains, police offcers who did not want to be quoted stated. The breathalyzer, which costs Rs. 1,500 in taxpayers' money, once used, cannot be used for the second time. Asking the suspect to blow a second unit will cost the Police Department another Rs. 1,500. Recently, a chef of a leading five-star hotel was booked for drunk driving. He told the police officers who tested him that he, as the chef, was only sampling a few spoonfuls of alcohol for culinary purposes, "They asked me to blow the tube twice. I appeared in court and pleaded guilty because I didn't want to go through the hassle of a legal contest," he said. He was fined and his licence was suspended for two months. Colombo Traffic Court lawyer Franklin de Silva, told The Sunday Times many of his clients charged with drunk-driving did not want to plead not guilty although they could contest the charge on grounds that the test was flawed. "They simply do not want to go through the tedious process of litigation," he said. A Sunday Times survey of a cross section of those who have been charged with drunk driving reveals that they have been forced to blow the tube more than once and in some instances as many as four times. But City Police traffic chief R. M. Lafir defended the test, dismissing the claim that the test produced warped results if a suspect was asked to blow the tube more than once. He said a police officer could get the suspect to blow the unit more than once until the officer was satisfied with the test. "The breathalyzer test is the most accurate form of testing recommended by the Government Analyst's Department," SSP Lafir said. He said they detected as many as 60 cases on any day they conducted breathalyzer tests. Usually, the Colombo City Traffic Police conduct the tests on Friday and Saturday nights. From January to August this year, police have detected 730 drunken drivers, using this questionable test. Reports by: Asif Fuard and Mahangu Weerasinghe |
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