Archive for December, 2011

The Tyndall Effect Defense in Virginia DUI Cases

fairfax-county-dui-attorney.com Video 13 of 40 This video explains how one possible defense of DUI is the Tyndall Effect, where talcum powder used in the packing of airbags is released during an accident and inhaled by the driver. That same talcum powder, when expelled during a roadside breath test, can prevent an accurate result. The Tyndall Effect Defense in Fairfax County DUI Cases Who would have thought air bags could affect DUI breath test results? If you’ve been charged with DUI and were involved in an accident where your air bag deployed and you submitted to a breath test, you need to pay close attention. Air bags are packed with powder to help with preservation. When the air bag deploys the powder can end up in the driver’s mouth and nose. Some drivers cough up the substance for hours. A result of the Tyndall effect, the breathalyzer used in Virginia will give incorrectly high results if the powder interferes with the equipment. Named for Irish scientist John Tyndall, the Tyndall effect is how light scatters through particles in mixtures. This is illustrated by car headlights going through fog or light breaking through an opening of trees. The intoxylizer 5000, the breathalyzer used in Virginia, relies on infrared lasers that interact with the powder from the air bag and distort the laser thereby producing a false high reading. What else influences breath test results? Breath analyzers come in all shapes and sizes and utilize different technology. They are an