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partition ratio Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "partition ratio"

Intoxilyzer 8000 Biased Against Americans

The Intoxilyzer 8000 is used in Europe under the brand name Lion.  On their website [HERE] they describe the process of breath alcohol physiology.  There is one glaring difference however. They use a 2300:1 ratio instead of a 2100:1 ratio.  So? Example: If you blew a into the Lion (Intoxilyzer) 8000 with of 2300: 1 partition ratio, and the machine reported BrAC results of .070 then you blew into the machine with a 2100: 1 partition ratio you would be .080 or higher. (thanks to DUIstopped.us for this example). If this is true, it means that machines in the US are more biased...

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The Partition Ratio Defense; Do We Share a Lung?

Is your lung the same as mine?  The breath test machine assumes that it is.  While scientific studies suggest that lung physiology can have a significant impact on breath alcohol testing, Hlastala, "The Impact of Lung Physiology on Breath Alcohol Testing," 1 DWI Journal: Law and Sciences 5, 31-48 (November/December 1986), the breath testing machines assume that all lungs are the same.  It is assumed for purposes of breath alcohol analysis that a person will exhale air at an average temperature of 34 degrees C.  At that assumed temperature, 2100 milliliters of alveolar air (deep lung air) is assumed to...

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Residual Mouth Alcohol, Slope Detectors and the 20 Minute Observation

One of the most prevalent causes of error in breath-alcohol analysis is the presence of alcohol in the mouth.  This residual mouth alcohol (hereinafter R.M.A.) contaminates the expired breath captured by the machine and elevates the test results radically.  The BAC Datamaster’s computer is programmed to assume that a breath test reading is 100% deep-lung (alveolar) air.  This captured “deep-lung” air is then multiplied by 2100 pursuant to the accepted and scientifically defensible partition ratio.[1] Using these built-in assumptions it is evident that a very small amount of undigested (or trapped) alcohol can have a disproportionate impact on the reading.At...

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Why Allowing Junk Science in the Courtroom is Hurting Our System

When you hear a DUI/OVI attorney decrying "junk science" that is used in court, they are most likely referring to the fact that the air blown into the breath test machine for purposes of testing cannot be the same air that is exchanged with the deep lung alveolar sacs. It is impossible to limit the breath test to limit itself to deep lung alveolar air. The theory breaks down because: IF THE MAJORITY OF AIR BEING MEASURED HAS NOTHING TO DO WITH THE BLOOD EXCHANGE THEN THE TEST IS NOT MEASURING...

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