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DUI Videos Mouth Alcohol Bias

This is a collection of videos of experiments conducted relating to experimentaion with the reliability of evidentiary and other breath testing instruments including the Inoxilyzer 5000 and the Intoxilyzer 8000. This group of videos deals with mouth alcohol bias. Notwithstanding automatic systems on evidentiary breath testers, those automatic systems may fail to detect mouth or stomach alcohol, if the presentation by the particular subject's body does not fit the design of the instrument. Preliminary breath testers (PBTs) or approved screening devices (ASDs) do not usually include mouth alcohol detection systems or interferent detection systems for foods that may contain a small amount of alcohol or an intereferent, and can easily result in a false positive . Radio frequency interference from a cell phone can mimic mouth alcohol in automatic systems designed to detect mouth alcohol. Operators and qualified technicians MUST strictly comply with a 15 to 20 minute observation deprivation protocol as a condition precedent to instrument or screening device (PBT or ASD) reliability.

Video 01

Mouth Alcohol Resulting in 303 mg/100mls Apparent BAC

Video taken during controlled alcohol testing. Subject with well-documented true blood alcohol concentration between 116 and 120 mgs/100mls blows 303 mgs/100 mls as a result of mouth alcohol bias. Mouth alcohol detection algorithm fails to flag phenomenon as "Invalid Sample". Instrument is an Intoxilyzer 5000C.

The mouth alcohol detection system is looking for a pattern in the blow, whereby the BAC concentration rises quickly and then falls. However, breathing patterns during a subject test on an approved instrument aren't always the same. There are occasions when the presentation of some alcohol in the blood combined with some alcohol in the mouth or stomach, with a long gentle blow is a presentation not contemplated by the design of the instrument. The instrument accepts the sample as a valid sample, notwithstanding the presence of mouth alcohol.

Mouth alcohol detection systems are far from foolproof. Protocols followed by legal systems and operators must therefore require:

1. 15 to 20 minute observation/deprivation period before each subject test to watch for alcohol or food placed in the mouth, burping, belching, vomit
2, two tests with good agreement 15 minutes apart
3. never use a screening device (PBT or ASD) to attempt to obtain a quantitative result (ASDs and PBTs usually don't have mouth alcohol detection systems)

Video 40

Creating a False PBT Positive With Ordinary Bread

Attorney Justin J. McShane of the McShane Law Firm demonstrates how to create a false positive on an Intoximeters Alco-Sensor FST (in Canada we call them ASDs) using ordinary household bread.

Video 48

Intoxilyzer 5000 64 series mouth alcohol

Intoxilyzer 5000 64 series mouth alcohol

Video 54

This is NOT mouth alcohol. Cell Phone RFI Error Invalid Sample 66 Series

An "Invalid Sample" error message can be triggered by Cell Phone RFI. Error messages are not always reliable to indicate the true cause of the error.

If you are a member of the public, please don't attempt to use what you see or read at this site in Court. It is not evidence. The author is not a scientist. The author has a great deal of experience in cross-examining scientists about these issues, but the author is not a scientist. Hire a criminal lawyer in private practice in Ontario. Your lawyer can retain an expert. The author is a retired lawyer, not a lawyer in private practice. Read the statement of the purpose of this web site below.

© 2025 Allbiss Lawdata Ltd.

This site has been built by Allbiss Lawdata Ltd. All rights reserved. This is not a government web site.

For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., Mississauga, Ontario, Canada, 905-273-3322. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein.  WARNING: All information contained herein is provided  for the purpose of discussion and peer review only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney. 

WARNING: Please do not attempt to use any text, image, or video that you see on this site in Court. These comments, images, and videos are NOT EVIDENCE. The Courts will need to hear evidence from a properly qualified expert. The author is not a scientist. The author is not an expert. These pages exist to promote discussion among defence lawyers.

Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.

Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A were "approved instruments" in Canada.

Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC and 6810 are each an "approved screening device" in Canada.

Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.

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