The 2100:1 Partition Ratio Assumption
Breath tests rely on the assumption that everyone shares a blood-to-breath partition ratio of exactly 2100:1. In reality, many individuals do not fit this rigid mathematical model. Furthermore, different countries even use different ratios for their own legal standards.
Biological Factors Affecting Accuracy
Several health conditions can significantly alter this ratio and cause inaccurate readings. For instance, anemia reduces red blood cells, which changes how alcohol partitions in the body. Similarly, various cancers and chronic health conditions create a unique blood-breath composition that the machine cannot detect.
The Failure of Standardized Testing
Police and prosecutors rarely consider these critical biological factors during an arrest. Standardized testing assumes a “one-size-fits-all” physiology. Consequently, these machines ignore the specific medical reality of the person they are testing.
Challenging the Results in Court
Educating a jury on these scientific discrepancies often leads to a successful defense. In one notable “Not Guilty” verdict, we demonstrated how a client’s blood cancer altered his blood composition. This proof rendered the breath test result inaccurate. Therefore, you should never take a breath test result at face value when a case is triable.
If you’ve been arrested in Arlington, Texas, expert DWI Attorney Mimi Coffey can help! Mimi Coffey is Board Certified in DWI defense by the NCDD.
