Justin Blackmon, first-round draft pick for the Jacksonville Jaguars, was arrested on Sunday and has been charged with aggravated DUI. Under Oklahoma law, a driver can be charged with aggravated DUI if a blood alcohol content test shows .15 or greater. Blackmon, according to officers, blew a .24 on a breathalyzer test, which is three times the legal limit.
Blackmon was previously arrested on suspicion of misdemeanor DUI in Texas in 2010 after officer reported seeing him speeding on a suburban Dallas highway. While Blackmon took responsibility for that charge, he pleaded not guilty to the recent charge. While it isn't clear exactly what he will argue at trial, one always has to wonder about the accuracy of breathalyzer devices.
Breathalyzer devices are notorious for inaccuracy for several reasons. First of all, the scientific calculations used in the device are not going to be accurate for some individuals. Second, alcohol takes time for the body to process, and the amount of alcohol measured in the body may not uniform throughout. Depending on when a breath test is administered, it could end up showing a higher blood alcohol content than it is in reality. Third, Breathalyzer devices do not test only for alcohol, and a number of products could interfere with getting a correct reading.
The bottom line is that evidence from these devices is not necessarily accurate, and therefore should not be presented as such by prosecutors. Those facing a DUI charges as a result of a breathalyzer test should contact an attorney to have their case evaluated.
Source: ESPN, "Justin Blackmon arrested for DUI," June 4, 2012.