GERD and breath alcohol testing The National Highway Traffic Safety Administration (NHTSA) recently published its newest taxpayer publication related to DUI prosecution entitled: Challenges and Defenses II. These publications have generally been a hoot to read. There is a discussion in that publication on what it terms “The Gastroesophageal reflux disease (GERD) defense.” In reality, […]

[Blog editor’s note: Joshua Goldberg of Pittsburgh, PA writes into us to share information about Breath Alcohol Content machines.]   Additional  Breath Testing Device Accuracy Limitations The main three issues with breath testing are:  (1) an assumed partition ratio; (2) an assumed breath temperature; and (3) measuring devices not specific to ethyl alcohol.  Breath testing […]

[Blog editor’s note: Joshua Goldberg of Pittsburgh, PA writes into us to share information about Breath Alcohol Content machines.]   III. THE ACCURACY LIMITATIONS OF BREATH TESTING DEVICES The courtroom must only permit sciences that accurately and reliably predict each defendant’s blood alcohol level. Yet, the twin assumptions of a 2100:1 partition ratio and a […]

[Blog editor;s note: Joshua Goldberg of Pittsburgh, PA writes into us to share information about Breath Alcohol Content machines.] THE HISTORY OF BREATH TESTING:  TWO ASSUMPTIONS AND A QUESTIONABLE SCIENTIFIC PEDIGREE. Part 2 Assumption 2:  Temperature of Breath Sample The second startling assumption occurs when the government couples the partition ratio with an assumed 34° […]

[Blog editor;s note: Joshua Goldberg of Pittsburgh, PA writes into us to share information about Breath Alcohol Content machines.] THE HISTORY OF BREATH TESTING:  TWO ASSUMPTIONS AND A QUESTIONABLE SCIENTIFIC PEDIGREE. Part 1 Modern breath theory as proposed by prosecutor’s testing emanates from a 19th Century formula discovered by British physician and chemist William Henry.  […]