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Updated: Aug 4, 2026

Employing the Forced Oscillation Technique for the Assessment of Respiratory Mechanics in Adults
Published on: February 9, 2022
Breath testing in patients with respiratory disability
M S Odell1, C F McDonald, J Farrar
1Forensic Physician, Victorian Institute of Forensic Medicine, 57-83 Kavanagh Street, Southbank Victoria, 3006, Australia.
Drivers with chronic respiratory disease can provide valid breath samples for alcohol testing. Trials show current breathalyzers accommodate limited respiratory function, supporting the reliability of evidential breath tests.
Area of Science:
- Forensic Toxicology
- Respiratory Medicine
- Legal Medicine
Background:
- Chronic respiratory disease is sometimes used as a defense against drunk driving charges.
- Determining the validity of breathalyzer tests in individuals with respiratory impairments is crucial for legal proceedings.
Purpose of the Study:
- To assess the capability of breath analysis instruments to obtain satisfactory breath samples from individuals with chronic respiratory conditions.
- To evaluate the respiratory parameters compatible with a satisfactory breath test for legal purposes.
Main Methods:
- Trials were conducted using two breath analysis instruments common in Victoria, Australia.
- Patients with both restrictive and obstructive respiratory conditions participated in the study.
- Tests were performed within a hospital's respiratory unit.
Main Results:
- The evidential breath analyzer used in Victoria can accept samples from drivers at the limit of respiratory function.
- Individuals able to provide a sample for screening devices can likely provide an evidential sample.
- The study gathered data to evaluate defenses based on respiratory incapacity.
Conclusions:
- Current breath analysis instruments are capable of obtaining valid samples from drivers with significant respiratory limitations.
- The findings support the reliability of breathalyzer tests in cases involving respiratory impairment defenses.
- This research provides evidence for evaluating the validity of breath tests in legal contexts involving respiratory capacity.
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