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I was pulled over for "failure to drive in one lane" which basically the cop say means I veared into the bike lane for a moment. Anyway... BAC came back .087 second test .098.

1. There was five minutes between both tests. Does that not seem like a huge variation?
2. Will a prosecutor still really pursue those and go to trial if that is the only evidence and if one reading is within a 10%margin of error that may mean I was not legally intoxicated.? I submitted to no field sobriety tests and answered no questions.

Thanks!

2007-12-22 04:27:37 · 2 answers · asked by Shawn P 3 in Politics & Government Law & Ethics

2 answers

You are out of luck. Alcohol levels can change with time. If you got tested right after drinking, it would be lower than an hour later. This happens as it is absorbed by the body.

2007-12-22 04:38:44 · answer #1 · answered by sensible_man 7 · 0 0

.087 and .098 are both over the limit. You don't have a chance in hell. Stop drinking and driving you fool !

2007-12-22 12:33:05 · answer #2 · answered by Anonymous · 0 0

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