The breath test result is predicated on a blood to breath partition ratio of 2100:1. Many folks do not have this exact ratio. Different countries use different ratios. A person who is anemic, has less red blood cells. Different cancers and health conditions contribute to a different blood breath partition ratio. Of course, these factors are never taken into account when a subject is arrested and a breath test result is reported. One of my favorite Not Guilty occurred when I educated the jury on my client’s blood cancer that affected his blood composition and hence is inaccurate breath test result. When the case is otherwise triable, never take a breath test at face value.
