What is Breath Testing Based on?
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Are you wondering what breath testing is based on when pulled over for drunk driving? Watch this video and then call our Maryland DUI lawyers.
Question:
What is breath testing based on?
Answer:
Breath testing is based on a series of assumptions. For instance, in breath testing, we assume that everyone’s partition ratio is 210 to 1. Unfortunately, that hurts people who have a lower partition ratio and that makes their score even higher. Breath testing also assumes, for instance, that expired lung air is at 34 degrees centigrade. Studies have shown that that’s just not that correct, and as a result, the breath machine overstates a person’s breath alcohol content. What that means is that your actual blood content could be lower than the machine that prints out the ticket is demonstrating. You could, in fact, be not guilty when, in fact, you are deemed to be guilty by the machine. There are often medical conditions which could cause the machine to give a high reading when, in fact, you’re not that high.
An example would be if you had COPD, pulmonary restrictive disease. You could also have the same result if you have asthma, for instance, because your lungs are restricted in diameter and that would increase your breath alcohol content. In addition, for instance, you could suffer from GERD, gastroesophageal reflux disease. That causes higher readings than normally associated with your actual blood alcohol content. The reason for this is that the breath testing device does not take into consideration the fact that people are different and that they suffer from different ailments, and as a result, they can have different effects on the machine itself and the results that are produced.
That’s why it’s so important to have a DUI attorney who understands DUI science. You have to understand the science of breath testing in order to properly cross-examine the police officer or the technician on the witness stand to be able to develop defenses and then present those defenses. Here at Alpert Schreyer, we know the science and we know how to present the defenses.
Have you been arrested for DUI in Maryland and have questions about what breath testing is based on? Contact our experienced Maryland DUI lawyers to fight for you.