Alright, Topic A.
Breath tests are usually not taken until hours after an individual was behind the wheel of a vehicle. As blood alcohol content is not static, this means the bac will go up or down over time. The breath test is NEVER an accurate representation of an individuals bac at the time of driving. Of course, the closer to the time of driving that the test is given, the more accurate it will be.
Nevertheless, a breath test has no real relevance to an individuals sobriety. The only alcohol that matters is alcohol which effects the Defendant's brain. Breath tests proport to do this by testing the "deep lung" air which is believed to provide the most reliable sample for comparison of breath to blood alcohol.
The Intoxilyzer(tm) machines are calibrated and desinged based off of an average of a 2100 to 1 breath to blood ration. There is a substantial debate in the scientific community as to whether the actual "average" is 2350 to 1. However, it is relatively accepted that the standard deviation is a range of 1100 to 1 to 3200 to 1. This is a huge standard devaition. According to research, breath tests for about 14% of the population is overstated by as much as 55%.
Even the NJ Supreme Court held in State v. Downie that "in converting a ratio of 2100 to 1, the breath alcohol concentration present in a person's blood, the breathalyzer reading is not scientifically accurate." Also stated "calculated blood-breath ratios are worthless for forensic purposes. They are subject to so many variables as to be unusable."
Breath test = Junk science!
What's up now!?