Breath Machine Errors That Convict You

In California, all breath testing devices are per-set in the software by law, at California Code of Regulations, Title 17, Section 1220.4(f) at 2,100 milliliters of breath to be converted to 1 milliliter of blood. This is based off the average person's breath with alcohol of 2100 to 1 which is written as 2100:1. True value of your alcohol level is in the blood which is what travels through your brain and impairs you when a sufficient amount of alcohol is present. And, therein is the problem. Everyone does not have what is known as a Partition Ratio of 2100:1. If you are higher than 2100:1, then your true blood alcohol level is higher, and the greater the chance you are impaired, but if your Partition Ratio is lower than 2100:1, then there may not be sufficient alcohol in the blood to make you impaired despite what the police officer and breath device say. For example, let's say you took a breath test after being arrested for DUI in California, and your printed results were .12/.12. With these results on their face, you would be guilty. But if your Partition Ratio was 1000:1 your true blood alcohol level would be 0.05, and thus, you would not be impaired. It is a flaw in the breath testing device that assumes your Partition Ratio is 2100:1. In fact, in most cases the Prosecution has NO way of really knowing what your Partition Ratio was at the time of testing. This is all the more reason for you to look for and hire a truly qualified DUI lawyer if arrested in California and charged with a DUI. See www.duioffice.com