Partition Ratio Evidence — What the State Has Been Fighting to Keep From the Jury in DUI Prosecutions.
Put simply, if someone has alcohol in their system, you would hope the results from a breathalyzer would be identical to the results from a blood test taken at the same time. But this is far from reality. It’s been tested for years. Scientific studies from across the world have shown the breath test will rarely match a blood test taken at the same time. Why?
Breath Testing in California DUI arrests have a major flaw: they don’t produce an accurate blood-alcohol reading.
When a breath-alcohol sample is obtained through the use of a breathalyzer, that instrument produces a numeric score. But to get a numeric score, it must do a mathematical conversion from the breath sample to equate it to a blood alcohol concentration. This conversion is under major scrutiny from the scientific community, as many innocent people are being convicted of driving under the influence (DUI) by the current conversion methods.
The Partition Ratio is a key component of that conversion. And the State has been fighting for years in the appellate courts to keep it out. But, the tide is turning. Only so long can we ignore science. Particularly when innocent people are being found guilty.
Yet the government fights to keep this evidence from the jury: