Small samples, big problems—the inability to provide a sample in breath alcohol testing: Case reports
Year: 2025
Type: article
Study design: Case Report
Abstract: Breath alcohol testing is a cornerstone of impaired driving investigations, yet some individuals are physiologically unable to provide adequate breath samples, leading to charges of refusal despite efforts to comply. This paper presents seven case reports of individuals who failed to meet the minimum volume requirements of the DataMaster DMT breath alcohol analyzer due to factors such as age, gender, respiratory conditions, and smoking history. Despite seemingly genuine attempts to provide valid samples, these individuals were charged with refusing to submit to a chemical test. The case reports in this paper highlight the vulnerabilities in current testing protocols, including the one-size-fits-all volume requirement, equipment problems, measurement uncertainty, individual anxiety, operator bias, and lack of transparency. Proposed improvements include alternative testing methods (e.g., blood or urine), individualized volume requirements, enhanced operator training, slope-based sampling, changes in equipment design, regular volume calibration, mandatory data collection, and independent scientific review. • Physiological limitations prevent some people from providing valid breath samples. • Vulnerable groups: older adults, women, smokers, respiratory patients. • Equipment flaws, bias, and lack of transparency lead to unfair refusal charges. • Case reports show genuine efforts misjudged as willful refusal. • Independent review and transparency are critical for reform.
Author: Aaron Olson
Language: English
Subfield: Toxicology
Domain: Life Sciences
Open Access status: gold
Estimated APC paid: $2,310
OpenAlex ID: W4409272472