State experts argue that given the so-called breath standard of one gram of alcohol per 210 liters of breath, the partition ratio is irrelevant because the state need no longer approve blood alcohol content of one gram of alcohol per 100 liters of blood. This argument can easily be attacked because alcohol on the breath cannot impair a person. Alcohol can only impair a person after it reaches the central nervous system through the blood. Accordingly, with respect to the issue of impairment, breath alcohol is only relevant to the extent that it purports to be an indication of alcohol in the blood. Fortunately, while the legislature is free to manipulate the laws, they are limited in their ability to manipulate science.
