Not sure what "percentage sets it off". What I can tell you is that a portable breath device is typically a fuel cell device that is not "ethanol specific". In other words, any alcohol will "set it off". Most providers of these devices will give you an exhaustive list of things that will cause an alcohol reading. I personally watched a client drink a Starbucks Energy Shot, and register a .04. Were you aware that chewing gum contains sorbitol which is an alcohol? Do you use chewing tobacco or snuff? There are so many things that register alcohol, you just need to go back and review the list of things you should avoid using. The key is to provide a follow up sample when prompted to do so. If you miss the follow up test, they assume you are hiding something. Also, go back to the provider of the device and have them check the device's calibration. This is especially important when dealing with fuel cell devices. As the fuel cell depletes over time, the voltage can go "haywire," which could cause a faulty reading. Good luck.
James R. "Jim" Butler, Houston, Texas, DWI Lawyer. Pardon my typing and or grammar, I am sending from my Iphone. I only represent people accused of DWI in Texas. My answer is based upon the limited amount of information supplied in your question. The answers I give on this site are intended for general educational purposes only. If you already have an attorney, I always suggest that you consult with that attorney first.
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