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Can a bac level of 0.006 drop to 0.000 in 15 minutes ?

Lansing, MI |

I had a positive reading on a random breath test i am on probation was due to be discharged April 9th now facing a violation.. i was surprised but not too concerned at the time because i had not been drinking . after talking to my probation agent i am concerned and need to find out something about this.and what advice i can get.
thank you in advance

Attorney Answers 4

  1. Based on the numbers you indicate above, it appears to me to be all zeros for both tests. Unless you meant 0.06 and 0.00? Because generally, the thousandth digit is not considered. Either way, I suggest you have an attorney at your side if your P.O. does schedule a probation violation hearing. It would be disheartening to be this close to the end and have them violate you, especially if you were not drinking. I wish you luck!

    The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.

  2. 0.006 (unless you meant 0.06) is extremely low, and I would think beyond the statistical limits of the instrument's validity. Therefore, a drop to 0.000 is similarly meaningless. I agree with my colleague that seeing an attorney very familiar with drunk driving would be a good idea. You can search on AVVO for Lansing and East Lansing and look for OWI, DWI, drunk driving, etc. The OWI attorneys are extremely familiar with breath testing.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.

  3. Hiring an attorney to help with the Probation Violation will be worthwhile.

    However, before you do that - if this happened in the last 72-80 hours you need to drop everything and find a lab that does "ETG Testing" (I know for a fact that there are at least a couple in Lansing that do this type of testing). The test won't necessarily be cheap, but if you haven't consumed any alcohol in the past 72-80 hours than the ETG should come back negative for alcohol metabolites in your system. This would be helpful evidence for you and your attorney to have in pocket when you attend your Probation Violation hearing in the next couple of weeks.

    Best of Luck.

    An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney.

  4. Like the other attorneys, I want to know your actual number. I think that you mean .06. You need a criminal defense attorney who handles probation violations. For a breathalyser test to be accurate it must be properly calibrated. There are other medical conditions that can result in a BAC reading. I handle drunk driving and probation cases, and I am available for a free consultation. (517)402-5229

    If you are seeking legal advice, you should contact an attorney. Neither use of the information on this page nor an email to this office establishes an attorney-client relationship. Such relationship can only be established by an express agreement.

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