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Sucking into the breathalyzer! would that make an error in bac??

San Diego, CA |

This was my first breathalyzer test done at the police station. I had first sucked into the breathalyzer by accident then after quick instructions i blow back agian. Do this by any chance make an error in my bac results?? becouse why did I ended up with a bac of .06 I only had one beer 3-4 hours before the test, Please advice? Thanks everyone

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Attorney answers 3


No, sucking into the breathalyzer should not affect the results. But, there is obviously something wrong if you blew a .06 hours after drinking one beer.


Possibly, but probably not to your detriment. The .06% isn't going to be a problem for you unless you're under 21 or on probation for an earlier DUI. Nevertheless, if prosecutors in San Diego are goind forward with the case there are probably other factors motivating them. You should consult a local attorney to ensure you obtain the best possible result. Good luck.


Sucking into it would not affect it. You BAC may have been high if you burped or vommited prior to the test. As the other post said as long as you are not on probation for a DUI, under 21, or got into an accident you have a great defense. I practice in San Diego and it is unlikely the San Diego district/city attorney will proceed wiht a .06 case unless there are other factors. If they have filed already feel free to contact me and I can talk to you more about why they might be proceeding.

Michael Norton

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