For tools to work, they must make assumptions. What if they assume wrong?
Did you have a Fever or a Cold?
The math used by the breathalyzer used to measure blood by measuring a breath sample assumes your body temperature is a standard 98.6 degrees. When a person’s body temperature is higher, the vapor pressure of the alcohol you consumed is also higher. Therefore, a higher core temperature in your body will cause the breathalyzer to overestimate your blood alcohol level; the higher your body temperature, the more volatile your air is within you will be. A higher volatility in the alcohol-vapors within you, therefore, will produce a falsely elevated breath alcohol sample when you blow into the breathalyzer. In this way, a cold or fever could cause the breathalyzer to exaggerate your actual blood alcohol level.
Are you aware of the fact that Blood is Chunky?
Blood is not all liquid; it contains white cells, red cells, as well as protein. In this way, blood is only partly liquid. Why is this fact important? Well, the math the breathalyzer uses to measure your blood alcohol assumes that your blood’s cellular density is only 47%. However, no two people are alike; the range in cellular density among people can range from 42% to 52% in males and from 37% to 47% in females. A person, therefore, with “denser” blood will have a falsely elevated blood alcohol level when the breathalyzer is used. A DUI can hinge on the slightest percentages in your blood alcohol. It would be a mistake to take even the slightest differences in your blood alcohol level for granted. Remember, in your DUI defense, every bit counts!
DUI Defense and Your Body Chemistry?
Your lawyer should challenge the results of your blood alcohol level by challenging the assumption that every human being has the same body chemistry. The breathalyzer makes several assumptions about your physiology that may not be accurate for you. If you are the one charged with drunk driving, it should be your unique body chemistry that is examined to determine your blood alcohol level.