Should You Rely On Smartphone BAC Testers?

When the CEO of Breathometer appeared on Shark Tank, the sharks went into a feeding frenzy. The CEO was there to promote a smartphone breathalyzer, a device that estimates the user's blood alcohol content (BAC). He touted the product as a way for people to protect themselves when they are out drinking and aren't sure if their BAC is over the legal limit. The device connects to a smartphone via the headphone jack, and all the user has to do is open the app, blow into the device and wait for the result. Although it's great that some entrepreneurs are trying to tackle the problem of drinking and driving, you should not rely on one of these devices if you have been drinking. Here's why.

Test Timing

Just because you are below the legal BAC limit when you blow into a smartphone breathalyzer does not mean you will be below the legal limit when you get behind the wheel. Your body continues to metabolize the alcohol even after you finish drinking, which means your BAC could increase between the time you take the test and the time you get in your car. As your BAC rises, you may experience slurred speech, slower reaction times, loss of coordination, and other signs of intoxication. If you rely on a smartphone BAC tester, you may eventually find yourself arrested for DUI and in need of some DUI attorney services.

Accuracy

Smartphone breathalyzers are not necessarily accurate, especially if the user does not follow the instructions. When two reporters from CNET tested the Breathometer device, they determined that their results were inaccurate. One reporter had a few sips of beer, and the smartphone breathalyzer produced a BAC reading of 0.16. A person's blood alcohol content depends on several factors, including how much alcohol is consumed and how much the person weighs. The CNET reporter did not reveal her weight, but if she weighed 140 pounds, she would have had to drink 10 to 12 ounces of beer and then wait one hour to reach a BAC of 0.16. Her male colleague drank some whiskey just before using the device, yet the app gave him a BAC reading of 0.0. One reason the results may have been inaccurate is because users are supposed to wait until 20 minutes after their last drink to use the device.

Design Flaws

Smartphone breathalyzers have some design flaws that make them more difficult to use than professional-grade breathalyzers. For example, professional breathalyzers typically have some type of hose or funnel. The person giving the breath sample blows directly into the hose or funnel, which ensures that the breath goes right into the device instead of leaking into the air around it. Smartphone breathalyzers do not have a hose or funnel, so the user must be sure to blow directly into the device. If the device does not receive an adequate breath sample, the BAC result may be inaccurate.

Since appearing on Shark Tank, the Breathometer device has attracted some unwanted attention from the FTC. In its advertisements, the company made several claims regarding the accuracy of its BAC results. Unfortunately, those claims were contradicted by the experiences of users. It turns out that the second iteration of the device, the Breathometer Breeze, was displaying BAC results that were lower than the users' actual BAC levels. The company eventually disabled the breathalyzer feature of its mobile app, and consumers and retailers were warned about the accuracy problems. If you were arrested for driving under the influence after relying on a smartphone breathalyzer to test your BAC, contact one of your local DUI attorneys immediately for advice.