DWI/DUI Answers

  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. 

 Most prosecutors and many defense lawyers hinge their analysis of a DWI case on the blood result. Fact is I don't.  I look at the "totality of the circumstances."  Every blood test can be fought.  It is the State's burden of proof to show the result met all ISO standards, is accurate and the defendant's blood.  If the blood is not going to make a difference (for example the citizen looks highly inebriated and the driving facts are bad) then going to trial and fighting the blood result may not be in my client's best interest.  Here is an example (true life example) of why one should never trust the blood result.   1.  It may not be the client's result.  How often does this happen?  It is impossible to say because most defendants have some ethanol in their system and no police department calling the lab to say it was a mistake.  A Collin County municipality's police procedure is to have the police officer take a blood test if th...