QUESTION
What is the likelihood that a field administered breath test and a blood test administered in a clinic will render the same BAC result?
Asked on Dec 17th, 2013 on DUI/DWI - Florida
8 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Unlikely but possible, depends on the equipment used.
Answered on Dec 20th, 2013 at 7:48 PM
Michael J. Breczinski
That is impossible to figure since there are a great number of variables involved.
Answered on Dec 20th, 2013 at 7:48 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If the numbers are identical there is a strong likelihood that you were absorbing and/or shifting from absorption into elimination which means that breath numbers are likely overstated. You need a lawyer and a forensic toxicologist and likely a jury trial to walk away from this defensible case.
Answered on Dec 20th, 2013 at 7:48 PM
It could be higher, it could be lower. The answer to your question depends on many factors, namely when you started/stopped drinking and how fast alcohol is absorbed into your blood (different for everyone). The PAS breath test is inherently unreliable. It can be falsely high or low. The blood test, 45 minutes later might be higher than your BAC was while you were driving (rising BAC defense). If the blood test has a lower result, you can challenge the accuracy of the breath results. Consult with a DUI attorney immediately. You also only have 10 days from the date of your arrest to set up a DMV hearing! This important step could save your driver's license. Good luck!
Answered on Dec 20th, 2013 at 7:48 PM
The blood alcohol score is going to be based on the alcohol in you system at the time of the test. It is not unlikely that the scores are the same or the blood test taken 45 minutes later may be under the field test. It is going to be determined by the amount of alcohol you consumed prior to the administration of the test.
Answered on Dec 20th, 2013 at 7:48 PM
Adoptions Attorney serving Lansing, MI
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That will depend on a number of factors with your body metabolism being just one of them. It would be impossible to answer without more information.
Answered on Dec 20th, 2013 at 7:48 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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If they're both working correctly they should be different unless you peaked in the middle. Otherwise, one machine is not working properly.
Answered on Dec 20th, 2013 at 7:48 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Not sure what you mean by the "same". If you mean identical, they will probably be different. A blood test is far more accurate.
Answered on Dec 20th, 2013 at 7:48 PM