Here is a scary fact for a woman. DUI Breathalyzers in California may not always give accurate measurements of a female’s blood alcohol concentration, or BAC. A female may have a BAC of 0.07 percent, which is below the legal limit of 0.08 percent. She may still test 0.10 percent higher on a California Breathalyzer test.
Why?
First, breath machines were created according to 2100:1 referred to as the partition ratio. The assumption is for every 2100 units or milliliters of air there will be 1 unit of breath alcohol. Very few people actually have this ratio of air in their lungs, especially women.
In 1952, the National Safety Council’s Committee for Tests on Intoxication agreed on the number. The number was highly disputed as the appropriate average back then. However, R.N. Harger was on the committee at that time. He was the inventor of the device that calculated the BrAC results. The BrAC actually used the 2100:1 ratio in its calculation when determining intoxication levels.
Later a leading governmental expert on alcohol intoxication, Kurt Dubowski, found the true range for intoxication. Dubowski found the actual BAC number in the general population ranged from 1100:1 to 3000:1. Even a South Dakota Court’s ruling differed from the 2100:1 ratio. In the case of State v. McCarty, 424 N.W. 2d 67, 1988, the Court found the ratio can vary from 242:2 to 3478:1.
Science also supports women having a lower partition ratio than men.
Does a woman having a lower partition ratio than calculated really matter?
Yes.
If your partition ratio is lower than the 2100:1 the machines use, then it will measure BAC higher than it actually is.
So if you’re a female with a partition ratio lower than 2100:1, the machine measures your BAC higher than the actual reading. If you’re a male with a partition ratio higher than 2100:1, the machine measures your BAC lower than the actual reading.
You read that right! Women have a lower partition ratio than men. However, they usually register a higher BAC on Breathalyzer machines.
For a criminal DUI case, it means that women are far more likely to be arrested for DUI when they aren’t drunk and driving.
You were arrested for DUI and the prosecutors are using the DUI Breathalyzer as evidence against you. Now what's your next step? Consult the Law Offices of Jonathan Franklin for legal representation. Attorney Jonathan Franklin has worked on both sides - for the prosecution and defense! He’s a former prosecutor who knows the evidence needed to convict someone of DUI and, very importantly, knows how this evidence can be used in an effort to prove his clients’ innocence. Contact the Law Offices of Jonathan Franklin immediately to schedule your free consultation.
