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I didn’t have that many drinks, how accurate is the breath test?

Simply put, the breath test may not be accurate.

The test is looking for .08 grams of alcohol her 210 liters of breath. To put that in perspective .08 g is about three grains of rice and 210 liters is about the size of a 55 gallon drum.

That means the machine is looking for three grains of rice in a 55 gallon drum or an oil drum.

To make the math easy, your breath is only about 2.1 liters, so the machine is actually only looking for 1/100 of those three grains of rice, or about three grains of salt out of your breath sample.

The machine is also working off of a mathematical formula that converts your blood alcohol level to a breath alcohol level.

The formula relies on two numbers that it assumes our constant - the temperature of your breath and what is called a partition ratio.

If either of these two numbers are different than what the machine assumes they are, then the result of the breath test will be wrong.

For example, if the temperature of your breath is 1° higher then the pre-programmed temperature that machine uses, your breath test result will automatically be 7% above your blood alcohol level!

Read more about why your breath test result was probably not accurate or download my FREE book "How to Choose a DUI Lawyer in Maryland."

If you are facing Maryland DUI charges and want Scott to take a look at your case, complete the DUI Case Evaluation Form and Scott will contact you.

Scott Athen
 

Husband, father of 2 awesome daughters & DUI lawyer. I bleed orange in the summer, purple in the fall & camo during goose season!

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