Personal or pocket breath test devices have become smaller and more affordable. Some people who regularly enjoy alcohol carry personal tests to ensure their compliance with the law. That way, they can verify that they are under the legal limit. While those efforts are admirable, they do not necessarily protect a motorist from a driving under the influence DUI charge.
How can people pass a breath test and then end up arrested for a DUI anyway?
Alcohol absorption takes time
A person’s blood alcohol concentration (BAC) does not instantly spike the moment they ingest alcohol. It slowly rises over time as the body absorbs the alcohol in their beverages. A person could pass a test before they drive and then fail a test administered 20 minutes later.
Calibration issues are common
A personal device is not automatically accurate and reliable. Breath tests, like any device used to conduct scientific measurements, require regular calibration. If people don’t calibrate their devices, they could fail subsequent tests because their personal devices are completely inaccurate. In cases where people have made concerted efforts to avoid impaired driving, those efforts could potentially factor into their criminal defense strategies. They could also have reason to question the accuracy of a state test if their device is accurate and showed a much lower BAC.
Reviewing personal and police chemical test results with an attorney can help drivers evaluate different options for a DUI defense strategy. Drivers who understand the limits of personal testing systems can be more fastidious about ensuring their legal compliance and safety on the road.
