Alcohol breathalyzers don’t actually measure Blood Alcohol Content, which can only be done by analyzing a sample of blood. They attempt to measure alcohol in the breath in order to estimate the concentration of alcohol in the blood. That’s why not all states permit their use, for DUIs & DWIs.
In reality, alcohol breath testers detect any chemical compounds that contain the methyl group in its molecular structure. Unfortunately, there are thousands of such compounds. Many occur naturally in the human breath or are picked up from disease; inhaling fumes from gasoline, glue, paint, paint remover, “new car smell,” celluloid, cleaning fluids, etc.
Breath testers also assume as constants certain ratios within the human body that actually vary widely from person to person and within the same person over time. For example, many breath-testing machines assume a 2,100-to-1 ratio in converting alcohol in the breath to estimates of alcohol in the blood. However, this ratio varies from 1,900 to 2,400 among people and also within a person over time. This variation will lead to false BAC readings. Some breath analysis machines assume a hematocrit (cell volume of blood) of 47%. However, hematocrit values range from 42 to 52% in men and from 37 to 47% in women. A person with a lower hematocrit will have a falsely high BAC reading. These machines appear to discriminate against female suspects.
Alcohol breath machines are really BAC estimators, but they will still be used as evidence, by your Orange County prosecutor, to convict you of a DUI. It is up to your attorney to combat the validity on your alcohol breath test while in court. Read this article for the many ways that Chad will use to cast doubt on a drunk driving case. gogotrial.com/breathalizers-in-orange-county/
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