Inaccurate Breath Test Results
The Datamaster
estimates blood alcohol from the breath alcohol reading. It uses an average of 2100 to 1, multiplying the amount of alcohol detected in the breath to
estimate a blood alcohol score. Scientifically, it is well-established that this estimate can be wrong. Police, prosecutors and judges routinely ignore those inaccuracies. Lawrence Taylor, a seminal author on drunk driving issues states:
"Very few people have a partition ratio of 2100 to 1. It ranges anywhere from about 1100-to-one up to 3500-to-one and higher. And there is no way of knowing at the time of testing what your partition ratio was because [it] changes within an individual all the time... It means if you blow, let's say, a 0.11 and you have a 1300-to-one partition ratio, that 0.11 is really 0.07.
You're innocent. Your crime, unfortunately, was not being average."
Shortly after consuming alcohol, while alcohol is still being absorbed into the body, your breath-to-blood correlation can be as low as 900-to-one, even though the Datamaster machine assumes a ratio of 2100-to-one! This raises doubts about the prosecutor's case against you. You need an attorney who understands these issues and will communicate them effectively to a jury.
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