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Premier defense attorney Charles Jerome Ware is Maryland-based, and ranked by his many satisfied clients, his legal peers, as well as the AIDUIA as one of the "BEST 10" DUI and DWI defense attorneys in the State of Maryland. For an initial courtesy consultation, contact him at (410) 720-6129.
The basic principle on which DUI and DWI breath testing is based is Henry's Law, which states that if a gas and liquid are in a closed container, at a constant temperature, and in a state of equilibrium, the concentration of the gas in the air above the liquid is proportional to the concentration of the gas which is dissolved in the liquid.
Breath alcohol analyzers used by law enforcement agencies to evaluate suspected DUI and DWI drivers are routinely calibrated with standard, diluted aqueous solutions of ethanol known as simulor solutions. The analyzers are deemed accurate if they generate results within an established margin of error consistent with ethanol concentrations equivalent to the actual concentrations of the simulator solution.
The fundamental flaw of this drunk driving protocol is that it ignores the fact that a simulor solution is an ideal Henry's Law system, whereas a human test subject is not. Since breath-alcohol analysis is an application of Henry's Law, the level of accuracy ascribed to simulator-based calibrations cannot be applied to analyses involving humans because they are affected by physiological variables that can significantly impact the results of such analyses.
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