Scientific Variations of California DUI Breath Test Results

California DUI attorneys can scientifically attack the integrity of the
formula & assumptions used in California DUI breath test machines.

For starters, the partition ratio (Henry's law constant), under controlled
laboratory conditions, has been measured by different
scientists. For ethanol in water, they measured and reported
different values, ranging from 1200 to 1, up to 2300 to 1. A website
that publishes the constants for Henry's law can be found with a
Google of "Henrys Law Constants", the first listed by Google can be
visited, and a table of constants for hundreds of different compounds
can be downloaded, including "Ethanol". These measurements have
citations to the experiments and studies that support the individual
measurements. It is interesting that NO STUDY reported 2100 to 1.

Second, the human body is not a perfect experiment for the
exchange of alcohol into air. We have no glass jar, stirring rod,
thermostat/heater, and thermometer located in our lungs (the
components of the simulator cannot be found in our bodies). To start
with, it is known that the contents of alcohol in the blood is
different in a vein than in an artery. It is different depending on
whether the alcohol is in pre- or post- absorptive phase of
absorption. Not all the alcohol in the exhaled breath comes from the
"deep lung" air (Mouth Alcohol, GERD, etc). The body temperature
at the point of the exchange from liquid to breath has an effect on the
amount of alcohol to be reported. Mucus in the air tracts can contribute
alcohol, as well as alcohol in the mouth.

Third but not Lastly, it is safe to say that there is no "Ethanol Partition
Ratio Gene" to be found in the DNA of our bodies. We are not born
with a body whose alcohol will transmit into breath at a constant
rate throughout life. One can see nothing to suggest that the
partition ratio can be tracked for a human throughout their life
(would be nice, but I suggest it does not work that way). If we did
have such a phenomenon, then we could measure the partition ratio for
a subject, and compute what the BrAC should be, based on supplying
the correct constant into the computations.

When one realizes that scientists cannot agree on the constant under
controlled laboratory conditions, and that further uncertainty is
introduced by variables attributed to the human condition, then a
DUI Attorney has a sound method for attacking the integrity of the
formula employed in all the California DUI breath test machines.