Law Firm of Aaron Bortel

Blood Alcohol Levels: Metabolism and Partition Ratios

Interviewer: People each have a different way of metabolizing alcohol?

Aaron: Based on what’s called the partition ratio, not everybody converts alcohol in his or her system the same way. And so the numbers that courts have decided to use when they do this conversion just doesn’t work for everybody. They work for some people. But to just be convicted for DUI because a breath machine says you’re at or over a 0.08 is not right. It’s most definitely something that everyone needs to fight. Especially those who are close to the legal limit.

And then there are many that are not close to the legal limit but these machines can be so off, and the conversions can be so off that they really need to have this examined and look at their individual case. And everyone has the right to the best attorney out there.

Breath Testing Equipment Used by the Police Departments

Interviewer: You said you have some of the machines that are used in the prosecution of DUI cases. Are you talking about breath testing machines?

Aaron: I’ll give you an example. In San Francisco they use the CMI Intoxilizer 5000 machine. They use a model 68, which I have in my office. Many clients who have come into my office have seen that machine. In fact, San Francisco is the only county in the San Francisco Bay Area that uses that machine any more. I have a number of those and can show clients how these machines work. Most other counties use, in the Bay Area, what’s called a Dreger Intoxilizer machine and they are either a model 7110 or 7410. I have a Dreger machine in my office that clients can look at and see how it works.

By Aaron Bortel

Aaron Bortel

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