Quote Originally Posted by ruah_23
I don't know anything abt that since I don't drink=no DUI, but if you think theoritically, it doesn't make sense(for me).

The breathelizer uses ur breathe to analyze the alcohol level and this breathe comes from your resp system. Resp 101 We breathe oxygen till it passes the alveoli and diffuses in the capillaries(where the blood is mixed with alcohol). During this diffusion between o2 and co2, it makes the alcohol level drop because some of it might have been absorb by the renal system of the body before it reaches the capillaries in the lung.

so with this theory even if u took it simultaneously or at the later time, the blood will have more alcohol level than the breathe. And even that if we decided to take a blood test, don't we suppose to be refered to the hospital?

I hope my explaination make sense.

Well, you are on the right path, but the your thesis is different.

The reaction that the lungs have to breathing is really nothing in relation to BAC. The only reason a breathalyzer is used is in lieu of a blood/urine test. In other words, it was designed NOT for 100% accuracy but for portability and probable cause. The handheld breathalyzer comes to it's conclusion by measuring the amount of alcohol on the breath and then using a ratio of 2,100 to 1 as comparison to actual BAC. So, the officer instead of having to make you piss in a cup on the side of the road or be a phlebotomist to draw blood, he/she uses a handheld device that gets them "on the paper" and thereby gives them enough probable cause to take your ass back to the station where a more accurate device can be used to be able to justify the charge. Follow that so far?

This is how people fight DUI's all the time. They are rarely succesful, but they try nonetheless. If the officer does everything by the book, this is why they have "procedures", then it virtually seals the fate of the offender. If they screw around, this is how smart expensive lawyers get their clients off.

So, my point is this: BAC by definition is most accurate when measured via BLOOD sample. Breath samples are merely accurate enough for a conviction, but not necessarily dead on balls accurate. Does .0001 matter? Probably not. Does .01 matter, sometimes yes. It may mean the difference between a DUI and not. The ONLY way to drop BAC is via metabolizing alcohol thru the system, i.e. TIME. The more TIME that passes between drink consumption and testing, the less the BAC will be. Right? So therefore, the only way to squeak by a DUI charge IF you are on the borderline is to buy TIME before you are tested. Only way to do that???? ASK FOR A BLOOD TEST INSTEAD OF A BREATHALIZER. Why? Because they have to physically take you to a hospital, which is sometimes miles away, then wait a turn until you are able to get back there to draw your blood. All of this takes TIME. TIME is what you need to metabolize alcohol in the blood remember. SOOOOO TIME is good for you when it comes to taking the test. Once the needle goes into your arm, all bets are off and whatever you are you just are.

IF you are still legally drunk then, you were drunk when he stopped you. IF you are barely under, then you dodged a bullet and better learn your lesson.

Does it make sense now?