A likely different Partition Ratio means that a person’s reported California DUI breath test “BAC” may be falsely elevated and unreliable because the person may have a different ratio instead of the assumed 2100 to 1 that the machine estimates. This phenomenon was reported by California DUI criminal defense lawyers last year.

Alcohol on one’s breath has no effect on impairment. Alcohol in the blood is what causes impairment.  So if a California DUI attorney prosecutor tries to offer a California DUI breath test to claim a person drove under the influence of alcohol, that breath test may not accurately represent the person’s impairment because breath does not indicate BAC.

Last year, California Drunk Driving Criminal Defense Lawyer Rick Mueller recently wrote in Avvo.com on “Using the Variableness of the 2100 to 1 Partition Ratio to Attack Breath Tests.”

California DUI criminal defense attorneys have been suggesting partition ratio and regression studies for years.

Thank goodness for the McNeal case. California Supreme Court Justice Corrigan wrote: