A Connecticut Lawyer claims that the Intoxilyzer 5000 discriminates against African Americans too. This is the same DUI Breath Test used in Atlanta DUIs and Georgia DUIs.  We already know about the gender basis in alcohol breath testing as given women and men of the same weight who consume the same amount of alcohol, the women will test higher.  Now the Intoxilyzer 5000 discriminates against African Americans too.  Could DUI law be any more unfair? The Connecticul lawyer is planning to present evidence from Dr. Michael Hlastala, a lung physiologist at the University of Washington, who examined research of other lung physiologists, and concluded that the lung capacity of African American males is an average of 3 percent less than white males which exaggerates their breath alcohol test results.  Query: If men, women, and African Americans have breath alcohol variations shouldn't there be different legal limits for different genders and races.  Can you say equal protection argument? What is the legitimate governmental interest in treating genders and races the same when they are physiologically different?

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