Breathalyzer false reading? (Underage Drinking)

Asked over 1 year ago - Bend, OR

Is it possible for the reading to be skewed if right after I left a Hospital from having a IV being sent to the Police station to have a breathalyzer? Also if that would be admissible into evidence.

-Underage Drinking

First Offense and I have NO record of ever doing anything remotely related to any of this.

Attorney answers (2)

  1. Jordon Huppert

    Contributor Level 10

    2

    Lawyers agree

    1

    Answered . It's possible that the reading was skewed within a few hundredths of a point depending on what was in the IV (though unless you were getting alcohol in the IV it's unlikely to be a significant amount). There are a few other ways the breath test can be wrong and it's probably worth your time to consult with an attorney about your case. I don't know about Bend, but here in Eugene your first minor in possession ticket is frequently handled through diversion where it is eventually dismissed if you complete an educational component and pay a fine. Good luck.

  2. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I personally don't see much of a way for an IV to have an effect on the reading of a breath machine. But if you're facing DUI charges, hire an attorney. Good luck.

    Jasen Nielsen

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