Did you know the Breathalyzers used in California do not provide an accurate measurement of a woman’s blood alcohol concentration, or BAC? Imagine you are a woman who takes a Breathalyzer test after being accused of DUI. Your actual BAC is 0.07 percent. This is below California’s 0.08 statutory amount. Obviously the state would not have strong evidence against you, right? Wrong. The Breathalyzer result may not read 0.07 percent, but 0.10 percent.
You see, a breath machine assumes that for every 2100 milliliters of air contains the same about of alcohol as 1 milliliter of breath. The scientific term for this is partition ratio and looks like this: 2100:1. Unfortunately, this assumption is wrong. It fact, it is not true for many societies—and women too. Honestly, very few individuals will actually have this ratio.
In 1952, the National Safety Council’s Committee for Tests decided 2100:01 average was the right number. Even in 1952 that number was highly controversial. R.H. Harger was a committee member and invented the device that uses this number to calculate BAC results.
Another leading intoxication expert, Kurt Dubowski, discovered that the true number ranged anywhere from 1100:1 to 3000:1 among different people. In State v. McCathy 424 N.W. 2nd 67 1988, the South Dakota Court held that the ratio could be within that range. In fact, there are also medical studies that support the theory that women generally have a lower partition ratio than men.
So what is the point of all this information?
The Intoxication Test Evidence, Section Edition by Edward F. Fitzgerald, discussed women and BAC results. According to Fitzgerald, a woman with a 0.07 percent BAC will report a 0.10 percent. Anyone else who has a BAC of 0.14 percent may have the result of 0.10 percent.
Let’s say that you have a partition ratio that is lower than 2100:01, which is assumed by the breath machine. Your BAC result will be higher than your true BAC. Now if your partition ratio is higher than 2100:1, the machine will register your BAC as lower than it really is. Guess which gender will have the lower BAC result.
Yes, men. Since woman have a small stature than men, they typically have a lower partition ratio. Therefore, a woman’s breath alcohol reading will register higher than her male counterpart’s BAC. Yes, this is unfair.
If you are a woman who has been charged with DUI based on your BAC, the Law Offices of Jonathan Franklin is here for you. We understand how to challenge the BAC results and investigate the evidence that will present a strong challenge to the state’s case. We represent anyone who has been charged with DUI. Contact the Law Offices of Jonathan Franklin for help with your DUI case.
