Can an blood test show more alcohol than a breathalyzer test?

Question

I blew a .06 in the Breathalyzer then they took my blood. Could the blood test be higher? I got a DWI.

Timothy Byrne · Answer

Yes, or lower.

Lance Daniel · Answer

Yes, it can.

Leonard A. Kaanta · Answer

Yes.

Michael Palumbo · Answer

Yes.

Gregory Crain · Answer

Yes.

Larry Dunn · Answer

Evidentiary blood and breath tests are normally render very close results.  A non-evidentiary breath test rendered at the scene of an arrest, a  preliminary  breath test, is not always accurate and may not be the same as a blood  test.

Mark Bruce · Answer

This is called the "rising blood alcohol defense".  If you drank recent before the stop, your blood is still processing the alcohol. So at the time of driving, you were at an .06.  But by the time they took you to have blood drawn, it rose.  This is a defense, believe it or not.  Get a lawyer to have it run for you. Don't do this on your own.

Lynn Norton-Ramirez · Answer

Blood is the most accurate. There is no conversion necessary.

Keven A. McKenna · Answer

Different measures. Timing and type of test do make a difference and the translation codes make a different. expert testimony usually helps the defendant.

Dennis P. Mikko · Answer

It is possible for the blood test to be higher.  Most of the time, either test is pretty close.

Brandon Gardner · Answer

The blood test could be higher depending on the rate at which alcohol is absorbed into your bloodstream.

Brian Wanerman · Answer

Sure it could. The breathalyzer could be wrong (it often is). It may be better for you if the blood test result is higher. Since it was done later, it would make it easier for your attorney to argue a rising blood theory. (Alcohol levels increase in the bloodstream over a period of time after consumption. Since the blood test is usually done a considerable time after you were actually driving, the actual BAC at the time you were driving was arguably lower) Then again, the breath test result was .06. So, your attorney may want the jury to focus on that instead of a higher blood test number. A strategic decision like this requires knowledge of all the facts. Consult an attorney with these to give you the best chance of the best outcome.

Francis Cowhig · Answer

It's possible based upon many factors in the calibration of the breathalyzer and the process used by the lab to analyze your blood.  I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.

Terry Nelson · Answer

No, all the testing methods show the same result if taken at the same time. The courts would not accept results if they weren't accurate every time.    A little free advice:   When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest.  That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at tne scheduled DMV appeal hearing and present any supporting evidence and testimony.  If you don't know how to do these things effectively, then hire an attorney that does.    When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do?  If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

Nathaniel Shafer · Answer

Yes, it's possible for the blood test to be higher. A breathalyzer is less accurate than the blood test. Sometimes that inaccuracy favors you when it shouldn't. That being said, it's possible to be charged with a metabolite DUI in Utah for having any traces of a drug in your blood. Hire an attorney to get the best chances of a favorable outcome with your case.

Jeffrey Pollock · Answer

Blood plasma is more accurate than breath.  The passage of time would  also  affect the results.

Michael J. Breczinski · Answer

The blood test is more accurate and can show either a lower or higher score.

Gregory Casale · Answer

Not unless one of the tests is off or they were taken at different times. Your body processes alcohol at a rate that is dependent upon things like your weight, you stomach contents, your metabolism, etc. Therefore, if the tests are taken at different times, they will show different results.

Mark R. Thiessen · Answer

Yes it could.  They are different sciences and depends on your absorption rate.  Please check out www.dwimark.com for lots of information.  You may also be over 0.08 according to retrograde extrapolation.

Leonard Schwartz · Answer

They are measured differently but the results should be the same.

Michael Delsignore · Answer

It can be but it will still be a strong case for trial.

William C. Gosnell · Answer

THE BLOOD COULD BE HIGHER AND COULD CONTAIN DRUGS ALSO

Edward Blum · Answer

Yes. The alcohol in your blood does not stay the same over time. It rises, plateaus, then decreases. So a later test may show more or less alcohol.

Jeff Yeh · Answer

Yes, if you were rising. BAC rises and falls based on how much you drank and when. So if you just drank and take a test, you could be 0.06, but 30 minutes later be at a 0.07 or higher.

Jason Savela · Answer

the roadside breath test is highly inaccurate, although, usually it would be higher, not lower than blood alcohol  if the breath was taken prior to full absorption of alcohol, the blood test could also be higher  I would expect the blood test to be about the same or lower

Jared Altman · Answer

Yes. It could be.

Russell Pietryga · Answer

Possibly.  I am guessing that the cop asked for a blood draw because of your low BAC reading.  He is hoping you have an illegal substance in your body.  Clearly, you were not under the influence of alcohol to a degree that would warrant a conviction.  Hope this helps.

Randall England · Answer

In most cases, a blood draw will occur after the breath test, so the blood test should be lower by maybe .015% for each hour it is delayed. This assumes that blood levels are dropping. If, however, there is sill alcohol in the stomach at the time of the breath test, alcohol levels could rise and be higher in a blood test taken later.  One other thing to keep in mind is that hospital blood alcohol results are sometimes reported as serum alcohol levels (instead of the whole blood levels given by a breath test). Serum alcohol levels are usually about 15% higher than whole blood alcohol levels. It is the whole blood level that is used in a DWI case.

John Brennan · Answer

The results can vary, and time is a factor.  You need an aggressive attorney.

Matthew Kober · Answer

Blood is more accurate than breathalyzer.   I would be interested to see the difference between the two results.

John Schleiffarth · Answer

Your blood alcohol level may have been rising due to the absorption rate at which alcohol enters your bloodstream. If there was enough time in between the breathe test and the blood sample, that may account for the difference. You may have good grounds to fight the charge and get it reduced or thrown out.

James Gandy · Answer

The test at the scene is different than any taken later.  It is possible that the second test could be higher than the first. This, however, is probably better news because it shows that you may not have been intoxicated at the time you were driving.  Find an attorney as soon as possible.

Joshua Price · Answer

Yes, the blood alcohol result can be higher than the breathalyzer.

Cynthia Henley · Answer

It could be higher but what they are really looking for since you took both tests is drugs.....? Hire a lawyer.

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Can an blood test show more alcohol than a breathalyzer test?

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