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Why most lawyers don't trust Alabama is breath testing machines

Most defense lawyers don't trust the breath testing machines used by Alabama in DUI cases.

Here's why.

The breath testing machine takes a breath sample. It analyzes it based on the assumption that a person has an average metabolic rate. Based on that average metabolic rate, it spits out a number. Of course, the machine doesn't know what your actual metabolic rate is.

The reality is humans have a variety of metabolic rates and some people say, Andre, the giant has a metabolic rate completely different than other people. But the breath testing machine relies on a hypothetical average person. It doesn't take into account are different sizes shapes or metabolic rates. It doesn't take into account your true metabolic rate. And metabolic rates account for quite a bit. That's why your skinny friend may be able to drink you under the table. That's why your skinny friend may be able to eat ice cream to his heart's content and never get fat.

Relying on averages can lead to some very strange results. For example, according to the law of averages, you and I for that matter are dead Chinese women. Yes, I said dead Chinese women.

Why? Well, there are more dead people than living people, so on average were all dead.

The single largest population group in the world is Chinese, so on average you and I are Chinese.

And, on average, there have always been slightly more women born than men so, on average, we are all women.

So, unless you happen to be a dead Chinese woman who is watching this, you probably recognize that averages don't always mean truthful results.

And because averages don't always mean truthful results, most defense lawyers simply don't trust the results of Alabama's breath testing machines.

Of course, at Segal and Segal we hope you're not in any kind of a legal jam but, of course, if you are we're happy to help.

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