Evidential Breath Testing Measures The Amount of Alcohol In Your Breath Not in Your Brain!
One of the faulty assumptions underlying evidential breath testing is the assumption that the tests are measuring the ability of alcohol to impair your brain. They do not. The breath test does not care how, or even if, the alcohol is impairing your brain only that it is in your breath via your lungs via your blood. The machines do not test venous blood but arterial blood utilizing the scientific principle of Henry’s Law. As alcohol can be at different rates throughout your body, the machine is not measuring impairment.
During peak absorption arterial blood is higher than venous blood. Arterial blood travels to the lungs for normal bodily air exchange and comes into contact with the highest level of alcohol concentration thereby resulting in an overstated (disproportionately high) BAC level. Venous blood more accurately indicates BAC levels inside the tissues of the brain and is a better indicator of how much the alcohol is impairing your brain function.
When you start looking closely at the built-in assumptions underlying the tests, you begin to see that evidential breath testing is not the whole truth and nothing but the truth. Like any other evidence offered in the courtroom it should be vigorously cross-examined just like any other witness against you.
DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, Centerville and throughout Ohio. He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense. Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263). For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671. For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500. Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui and on the DaytonDUI channel on YouTube. You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.
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