On today's podcast we begin our 5-part series on Attacking Breath Testing. In this first part of this series, the NC DWI Guy discusses the science of breath testing with expert witness and board certified toxicologist Dr. Andy Ewens. Dr. Ewens has a PhD in pharmacology and has spent 15 years as a government contract toxicologist. He has conducted studies on the EC/IR II (which he owns), the SFST/DRE evaluations, mouth alcohol, and the smell of "alcohol" on the breath. He has been qualified to testify as an expert witness in North Carolina, Maryland, Michigan, and Texas. He provides expert case evaluation through his consulting company, Ewens Toxicology Consulting, LLC.

Highlights:

• Understand the science of Henry's Law, how it applies to breath testing, and the issues that arise from using this scientific principle in a person's lungs.
• Discover what biological assumptions are built into breath test machines and the impact this can have on specific BAC reported results.
• Learn what partition ratios are in breath testing and how an individual's breath result could significantly overstate or understate his actual BAC based on the law of averages used in breath testing science.
• Unpack some of the scientific challenges that can be utilized in undermining the validity of evidentiary breath tests.