Alcohol is absorbed into the blood stream through the walls of the stomach and small intestine. As alcohol enters the blood, it passes through the heart, the lungs and the brain. When blood is processed in the lungs, carbon dioxide is expelled through the lungs, and the blood supply is replenished with oxygen. Along with the carbon dioxide, the alcohol molecules pass into the lungs. The presence of alcohol molecules in this exhaled air is measured in breath testing.

Breath testing machines generally measure ratios of alcohol based on the deep lung air of the average person.  The machines’ readings are supposed to approximate the alcohol level in your blood.  Unfortunately, the machine does not decipher between the molecules of alcohol in the deep lung air and the alcohol molecules that are trapped in the mouth in dentures, bridges and other dental work.  Alcohol molecules can also be in your mouth if they are brought up from the stomach due to a belch or esophageal reflux episode.

There are many defenses to breath testing including machine malfunction or unreliability, lack of proper observation or medical or environmental issues that may affect breath testing.  You must hire an experienced DWI attorney to help raise every breath test challenge possible.

You were either tested on the new Alcotest 7110 MK III-C ® or the Breathalyzer (TM) machine.  Results from either machine are challengeable with good counsel.