As I have said in earlier posts, law enforcement investigation techniques depend largely upon the fictitious premise that all humans are physiologically identical (see â€œConvicting the Average DUI Suspectâ€). Without that presumption, field sobriety and breath alcohol tests would not be possible. I have previously discussed many examples of physiological differences â€” from person to person and within one person from moment to moment â€” which will directly alter breath or blood alcohol testing (see, for example, â€œDiabetes and the Counterfeit DUIâ€, â€œGERD, Acid Reflux and False Breathalyzer Resultsâ€ and â€œThe Effect of Anemia on Breath Testsâ€).
Yet another example of variability is body temperature. Put simply, an individualâ€™s body temperature will have a direct effect on the results of a breath test. The effects of changes in body temeprature from the norm of 98.6 degrees on breath testing has been discussed in an article entitled â€œBody Temperature and the Breathalyzer Boobytrapâ€, 721 Michigan Bar Journal (September 1982). If because of illness, for example, the body temperature is elevated by only 1 degree Centrigrade (1.8 degrees Fahrenheit), the 1:2100 breath-to-blood partition ratio will be affected so as to produce a 7 percent higher test result. Higher body temperatures will, of course, result in greater errors.
Dr. Michael Hlastala, Professor of Physiology, Biophysics and Medicine at the University of Washington, confirms this effect. In an article entitled â€œPhysiological Errors Associated with Alcohol Breath Testingâ€, 9(6) The Champion 18 (1985), he comments that even the average body temperature of a normal, healthy person â€œmay vary by as much as 1 degree Centigrade above or below the normal mean value of 37 degrees Centigrade â€” or 1.8 degrees from the mean value of 98.6 degrees Fahrenheitâ€.
Not only can the normal mean body temperature of an individual vary from that of other persons, but the â€œtemperature of any individual may vary from time to time during the day by as much as 1 degree Centigradeâ€. Result? The partition ratio for alcohol in blood is altered â€” meaning, according to Professor Hlastala, a 6.3 percent error for every 1 degree Centigrade increase or decrease from the presumed normal body temperature.
Yet another example of how breathalyzers are not actually testing you, but rather an â€œaverageâ€ person who does not exist.