Alcohol Breath Tests ("ABT's") have been in use for over 50 years without a clear understanding by the general public of the scientifically flawed theories that they are based on.
At the advent of the use of breathalyzers, or ABTs, flawed and invalid theories were assumed to be true just to obtain convictions. To this day, despite ample evidence to the contrary by the world's leading authorities such has Michael P. Hlastala, Ph.D., Kurt Dubowski, Ph.D., and A.W. Jones, Ph.D., and World Class Breath Machine Expert Mary Catherine McMurray formerly of the Wisconsin State Patrol, among others, the invalid and flawed science is still relied one.
DUI Breathalyzers do not measure air that produces a valid blood alcohol result.
Air that is measured by the breathalyzer for purposes of testing is the same air that comes directly from the air that exchanges with the Alveolar sacs in the lungs. This never happens because it is biologically impossible, but this is the cornerstone of the junk science behind the breathalyzer obtaining an accurate BAC. If the air in the alveoli that exchanges with the blood is not measured, the air being measured has nothing to do with the blood or the amount of alcohol in the blood.
The Lung Volume problem
The ABTs assume that this air is always measured by the breathalyzer after an individual expels 1.5 Liters of air. This is ridiculous for several reasons. For starters, lung volume varies by age, size and gender. Women who tend to be smaller have smaller lungs. A 20 year old male in perfect health who is 6 feet and four inches tall may have a lung volume of 6 Liters. A 60 year old female who is 5 feet and 2 inches tall may have a lung volume as low as 1.5 Liters. She may have even less volume if she has lung disease or other respiratory conditions that increase in frequency with the age of the population.
DUI Breathalyzer Airway Sample Contamination
A second flaw in the "scientific" theory behind breathalyzers is a complete and utter disregard for the fact that the air tested has to pass through all the bronchial tubes and the airways before reaching the mouth and being expelled. The bronchial tubes and airways have a mixture of water and mucus on their walls. Therefore, when one drinks alcohol and expels alcohol through their breath, alcohol is deposited on the walls of their airways. When you blow into the breathalyzer, the Law Enforcement Officer has you take a deep breath which forces all the alcohol on the walls of your bronchial tubes and airways out with your breath sample being tested. This adds alcohol to your sample giving you a higher and inaccurate BAC result which is drastic, and can be used to convict an innocent person.
The Cigar Smoker Example
Furthermore, the bronchial tubes and airways have blood vessels. So, just as when a cigar smoker feels the nicotine absorbed even though he does not inhale because of the blood vessels and gas exchange therewith, a person taking a breathalyzer expels air that exchanges with the blood in the bronchial tubes and airways and can alter the blood alcohol level and create evidence of guilt in an innocent person.
Partition Ratio causes inaccuracies in Breathalyzer Results
The partition ratio is the distribution of equal amounts of alcohol between blood and air, and is dependent upon temperature, and is known as the BAC divided by the "blood-breath" ratio between BAC and BrAC. This ratio has been standardized with an average of 2,100. However, a variability of up to 40% demonstrated valid concern where those ABT readings are close to the legal limit and can determine whether an arrest and conviction may be valid or not.
The current scientific data available displays the flaws in the Junk Science of Breathalyzers
Newer data over the past 30 years indicates that the previously accepted model for alcohol exchange has inconsistencies with the idea that that BrAC is equivalent to alveolar concentration.
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.