Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Why the Breathalyzers don’t Work Properly
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- Here I am giving just one of many examples explaining why the breathalyzers do not work properly. The computers that are inside Breathalyzers what actually do is that they just multiply the amount of alcohol in a DUI suspect’s breath sample 2100 times in order to get the blood alcohol concentration ("BAC").
It happens because they are programmed in such a way that they assume that the suspect has 2100 units of alcohol in his blood for every single unit of alcohol in his breath. This is what we call the "partition ratio". But this ratio is only an average: actual ratios shows variation from as low as 900:1 to as high as 3500:1; if individual ratio is different, then surely the BAC result will be different.
Now I must explain this that if a suspect is having a true BAC of .06% which means he is not guilty and a partition ratio of 1300:1, for instance, the machine will show a result of .10%, which proves a person to be guilty. A person in this case is convicted by a machine. What was his crime? Just that he was not average.
Well, when this kind of evidence is heard by juries, they tend to return "not guilty" decisions. These did not sit well with prosecutors’ lobbyists and MADD’s .
The Result: In California and other states, the laws of drunk driving were changed by adding this statement "Percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 210 liters of breath". Explaining this in other words, now the law no longer cared about the actual amount of alcohol was in your blood: it was legally but not scientifically presumed to be 2100 times what is in your breath, even though it is known by all of us that it is not.
It was later founded by the conservative California Supreme Court that the new DUI law constitutional in People v. Bransford. But a disagreed Justice pointed out the obvious: "The majority…has on its own created the new crime of driving with alcohol in one’s breath". (Justice Joyce Kennard, 8 Cal.4th 894)
Result: Today, defense attorneys are officially forbidden from mentioning anything about partition ratios to a jury. From the courtroom scientific truth has been banned. And in drunk driving cases the conviction rate has suddenly risen.
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