Many people accused of driving under the influence (DUI) charges feel surprised when they fail breath tests. They expect chemical testing to prove they are under the limit, not over it. They may have self-administered a test not long before the traffic stop that produced a lower result.
Those who regularly participate in their local bar’s trivia night or who enjoy craft cocktails might purchase a pocket breath test. They might also use a breath test device installed at their favorite establishment.
Doing so helps them validate that they are sober enough to drive home after indulging a bit in the evening. Unfortunately, passing a breath test before driving does not always prevent DUI charges.
Alcohol levels rise even after testing
The body doesn’t absorb all of the alcohol a person ingests instantly. Instead, it breaks the alcohol down a little at a time. As such, people may experience a rising blood alcohol concentration (BAC) that continues to increase long after they finish drinking.
Those who drink rapidly or large quantities in short times are at especially high risk of a test producing inaccurately low results before they leave an establishment. The subsequent test conducted by a police officer 20 minutes later could produce much higher BAC results. There is also the risk of failing to calibrate the device, which could lead to inaccurately low readings.
In such cases, questions about device calibration and other details about the incident could influence the best defense strategy. Reviewing test results and other evidence can help those facing DUI charges fight back to avoid convictions that could have devastating consequences.