Individual Variations in DWI Breath Tests

Flaws in the Breath Test Measurement

0.08 (the legal limit for blood alcohol content) is just a number. But when your future depends on whether you were above or below that number, it makes sense to question the test results, particularly if you have a medical condition like diabetes or MS.

When measurement equipment is developed, certain assumptions have to be made—the most important being that there is a certain range of outcomes that is considered "normal" and that most people will fall into that range. That is certainly how the Intoxilyzer and other breath test machines were developed to measure blood alcohol content (BAC).

However, not everyone falls into this “normal” range. Some people’s internal chemistry, temperature, or other factors can lead to a false positive. That’s when a DWI defense attorney can help defend you by presenting the facts of your case, helping prove that your results were not actually the result of intoxication.

Before you decide you don't have a defense against DWI charges, talk with a lawyer. Contact a Dallas DWI attorney at Crain Lewis Brogdon, LLP. We've helped hundreds of people just like you save their driver's license.

We know that this is a difficult time for you, and we are ready to help. Call (214) 301-5007 for a free consultation.

The Breath-to-Blood Ratio or Partition Ratio

Breath testing is based on an assumption that everyone's "partition ratio" (the ratio between alcohol dissolved in the blood and alcohol exhaled in the breath) is 2100 to 1. But of course individuals vary greatly and your ratio could be anywhere from 1200 to 4100 to 1. Furthermore, your ratio could be different at different times of the day and at different temperatures.

Because of these individual differences, while some people's breath test results will be accurate, other people's test results will be inflated. That may or may not be the case with your breath test results for blood alcohol content. If it warrants investigation, we will look into it.

Examining All Possible Defense Strategies

Medical problems, individual differences, faulty breath and blood test administration, improper storage of test samples, as well as constitutional problems with your stop and arrest are all possible defenses in your Texas DWI case. We leave no stone unturned. Our experienced Dallas DWI lawyers are skilled at examining all the facts, presenting an accurate story that seeks a positive outcome for you.

Contact Crain Lewis Brogdon, LLP today if you have been charged with driving while intoxicated or driving under the influence.

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