MEDICAL ISSUES IN DUI & DWI DEFENSE : MARYLAND "BEST 10" DEFENSE ATTORNEY CHARLES WARE

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Premier Maryland defense attorney Charles Jerome Ware, is the recipient of numerous awards and recognitions over a successful 30-plus years of defending people charged with drunk- driving. In fact, he is ranked by his many satisfied clients as well as his legal peers as one of Maryland's " BEST 10 DUI AND DWI ATTORNEYS" [AIDUIA]. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.


With the increasing use by law enforcement of so-called "sophisticated" breath alcohol detection instruments, opportunities are presenting themselves as well  for defensive challenges against charges of drunk-driving. Scientific researchers are concluding, for example, that combinations of infra-red absorbing substances in the test chamber of alcohol detectors with levels of ethanol may falsely over-report the true blood alcohol concentration(or content) [BAC] level, and may do so without triggering the interferent detector algorithm. This can cause inflated levels of BAC reporting by the DUI instrument. It should also be noted that the reported incidence of an interferent may vary among different jurisdictions depending upon the threshold levels set in the acetone detect or subtract algorithm.


I have always maintained that a fundamental flaw in alcohol breath tests is that the results are predicated on the assumption that the test subject is an "average" person [invariably a male], with "average" physiological responses [invariably male responses], providing an "average" breath sample [invariably of a male]. The flaw is : there is no "average" person, male, or female for this type of test.
That "breath test" sample is then reported as a blood alcohol concentration [BAC] using so-called "average" values in the basic assumption used for conversion. Underlying or pre-existing medical conditions can, and frequently do, upset those assumptions.


For example,  both Diabetes and GERD (gastroesophageal reflux disorder) are known to frequently inflate individuals' BAC. Additionally, since alcohol emanates from both the lungs and the upper gastrointestinal tract at roughly the same rate, the procedures used in breath tests (from the lungs) are inherently flawed.