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Blood Composition Affects Breath Tests

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  The breath test result is predicated on a blood to breath partition ratio of 2100:1.  Many folks do not have this exact ratio.    Different countries use different ratios . A person who is anemic, has less red blood cells.  Different cancers and health conditions contribute to a different blood breath partition ratio.  Of course, these factors are never taken into account when a subject is arrested and a breath test result is reported.  One of my favorite Not Guiltys occurred when I educated the jury on my client's blood cancer that affected his blood composition and hence is inaccurate breath test result.  When the case is otherwise triable, never take a breath test at face value.