How Utah Intoxilyzers Penalize Drivers By Failing To Accurately Measure Blood Alcohol Content

Breath Tests Do NOT  Equal Blood Tests:  FACT: Your DUI arrest was most likely based on your Blood Alcohol Level (BAC). However, you probably had a breath test – and breath tests do not EVER equal blood tests – they are just an approximation a fact readily admitted by any reputable scientist. In short, there is a relationship between one’s blood alcohol content and their breath result but the ONLY way to determine this is to test a person’s blood and breath at the same time,  under controlled conditions. The relationship is known to exist on a bell curve where three main parameters determine the mathematical conversion ratio of one’s blood to breath level. For example, at a known legal limit of .05 blood, subject “A” might have a breath test of just .040 or half the legal limit, while their spouse for example, might have the same .05 blood level but breath test at a .160, or double the legal limit.

Three Factors Influence The Blood to Breath Ratio Relationship : There are three factors that control the relationship between blood  and breath results: 1) Breath temperature – every degree off of 34.1 c or normal causes a fluctuation of 6.7% higher or lower in the reading; 2) Your Partition Ratio, basically a physiological unchangeable attribute of your pulmonary system ranging from 1500:1 to 3300:1 that can cause the most change in the relationship between blood and breath results, on one end of the curve at 1500: 1, a person can produce a result 400% different than a person situated at the 3300:1 end; 3) The pressure of your breath test, for years completely ignored and still refuted by the state even though anybody can prove it true with a breathalyzer. You can take any Intox machine, and with a few beers in your body – blow and watch the numbers go up and down depending on how hard you blow and whether you breath in and out rapidly (hyperventilate) before blowing (a trick that will lower your result). Thus, you should NEVER drink anything and then drive without first testing your breath with a portable breath testing device, because even if they are wildly inaccurate they do show you what number your breath is showing and if this number is anywhere over .020 you shouldn’t be near a car’s steering wheel or any other vehicle. Sources:  3 Journal of Analytical Toxicology 177 (1979).

Remember These Three Words – Actual Physical Control (APC): Example -You’ve had a few beverages at a friends house, and you fully intend NOT to drive and to take Uber, and the Uber car shows up and you greet the driver and suddenly say “wait a minute, my iphone is in my car, let me get it,” is that APC? Yes, as soon as you touch that car with keys according to most police officers; indeed it is a term that is defined by the arresting officer. DUI is one of the only crimes that does not take intent, but rather only APC, alcohol and usually impairment (as judged from performance on SFST field tests). Thus, even though you intended to take Uber, that isn’t going to come into evidence because your intent is not relevant to the state’s case (that is, the judge isn’t going to let you even mention it!). You may point out that you weren’t behind the wheel, that the keys weren’t in the ignition and that you weren’t in the driver’s seat with the seat belt on, but you aren’t going to get the Uber driver up there because he isn’t relevant. APC is the ABILITY to have control and as long as you can remember that, you will avoid sitting on your friend’s ATV, snowmobile, driver’s seat in a boat, bicycle and even front bench seat while your sober driver is inside the 7-11 when the car is running (true case that).