QUESTION
Is it possible to test negative on a breathalyzer and then still have alcohol in your blood?
Asked on Apr 08th, 2013 on DUI/DWI - Georgia
More details to this question:
My boyfriend was arrested for operating while intoxicated and he tested negative on a breathalyzer. The blood test results are still unknown, but if the breathalyzer results were 0.00, is it possible at all to have the blood alcohol content be something else?
6 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If his blood alcohol concentration, as measured by breath, was 0.0, what else could it be? The test measured no alcohol, therefore any impairment observed by the police was either a mistake or due to some other reason.
Answered on Apr 15th, 2013 at 12:45 AM
Breathalyzers have a margin of error, but that's a pretty good result. I don't think a later test is likely to stand up in court, although they may find other intoxicants in his system that would justify the charges.
Answered on Apr 09th, 2013 at 7:58 PM
It may. The breath machine is notoriously inaccurate, not to mention it only dectects alcohol, so if you boyfriend was on drugs only the blood will show.
Answered on Apr 09th, 2013 at 12:03 AM
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If the breathalyzer was broken, it's possible, but a properly working breathalyzer should not read 0.000 if there is a measurable amount of alcohol in the person's blood.
Answered on Apr 08th, 2013 at 10:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Most probably not, although the breathalyzer machines periodically fail and the blood tests are more reliable.
Answered on Apr 08th, 2013 at 9:22 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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A DUI is not restricted to alcohol consumption, but you can also have DUI based up[on drug consumption. A blood test will show exactly what is in your BF's system,.
Answered on Apr 08th, 2013 at 9:22 PM