Some drivers have already learned the hard way how difficult it can be to estimate impairment levels after drinking. They may already have a driving under the influence (DUI) conviction on their permanent record because they underestimated their intoxication and failed a breath test previously.
Those with prior DUI offenses are among those most likely to have a personal breath test device.
Those at highest risk in the event of a DUI charge, such as commercial drivers, and those who are simply fastidious about their safety may want to invest in pocket breath tests or use pay-per-use devices at popular bars or restaurants. While those devices can help people identify when they are absolutely not in a position to drive, they may not necessarily protect everyone from a DUI charge.
Inaccurate results can give false confidence
The main issue with relying on a personal breath test unit to validate the legal ability to drive is the risk of the test results being inaccurate. People who don’t routinely calibrate their devices rely on totally inaccurate results and could fail a breath test after getting pulled over by a police officer. Even devices maintained by businesses may not undergo routine calibration to ensure accurate results.
Additionally, the sooner after drinking someone tests themselves, the less likely the results are to be accurate. A person’s blood alcohol concentration (BAC) may continue rising for an hour or longer after they finish drinking. When an officer pulls them over later, the results of the test could be much higher than the test they performed before leaving the establishment.
Understanding the limitations of personal breath tests can help people reduce their risk of DUI charges. Yet, if a prior test showed a driver was under the legal limit and they have been arrested anyway, they may want to discuss the situation with an attorney, who may be able to help fight their pending DUI charges.