2 Different Breath test results

2 Different Breath test results

Question:  I got 2 Different Breath test results when I blew into the machine.  I was pulled over and declined to take a breathalyzer, then agreed to it when we got to the station. I was brought in around 2:30am, the breathalyzer test was given to me at 4:37 am.

I am 155 pound woman. I only had 4 beers and a shot, all in a 4 hr period. The last drink was at 12am. I got a test result of a .3 and a .4 bal.
Can I fight this. I feel like it was really high for what I drank. I read that a .4 could be deadly and result in a blackout. I was fully aware of what was happening when I got pulled over.
Should I fight this?

Answer:  First, yes, you should speak to a DUI attorney in more detail about your situation. How do you know the breath test results? Did you see the results from the machine? Or did the officer verbally inform you of the results? If your results were a .3 and a .4, then yes, those would be very high. If those are the only two results, then there would be title 17 violations which could show that those results are unreliable as they are not within a .02 reading of each other.

They also waited a long time between the time you were “brought in” to the time you blew into the machine. That can be very helpful. What time did they actually pull your vehicle over?

It is also possible that you mis-heard or mis-read the results and your BAC was actually a .03/.04 (which would be good as those readings are low), or a .13/.14.

Whatever the case, contact a DUI attorney immediately. If your DUI was in Los Angeles, Ventura, Orange, or San Bernardino County, call me for a free consultation.  If your DUI was in a different county, you can still call me if  you would like.  I will probably then refer you to a good DUI attorney in your area if it is not a court that I generally handle.

Also, are you over 21 years old, on probation for a previous DUI or DUI related conviction, or driving a commercial vehicle by any chance? Also, did they try to elicit a blood test on suspision of drug use at all? All of these could be other factors that can affect your situation.


DUI Attorney & Criminal Defense