QUESTION
Can you fail a breathalyzer if you just had alcohol?
Asked on Apr 24th, 2014 on DUI/DWI - Michigan
More details to this question:
I was pulled over by state troopers and they asked me if I had anything to drink. I said yes, I just had a shot.
4 ANSWERS
Michael J. Breczinski
With the Breathalyzer at the station they have to wait a period of time for just this reason.
Answered on Apr 25th, 2014 at 7:46 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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If you drank alcohol recently it will show up on a breathalyzer.
Answered on Apr 25th, 2014 at 7:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Absolutely, if you adjust ingested alcohol it is possible that the preliminary breath test would've read high, however, after you were taken to the station and given the breathalyzer things should have normalized. There is normally a waiting period during which it is observed you have not been drinking additional alcohol prior to the time that the breathalyzer is given in order to prevent this error. It sounds to me like you need a good defense attorney.
Answered on Apr 25th, 2014 at 10:06 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It will certainly register positive for alcohol. If you had any other alcohol-based products that could affect the reading as well such as mouthwash or cough syrup. One shot will not put you over the legal limit unless you are under 21.
Answered on Apr 25th, 2014 at 9:44 AM