[dspan]

What would it mean if I blew a .05 on a breathalyzer, and then took an ETG test and passed it. I hadn't been drinking so the ETG test should prove my innocence right. What could have cause my blowing .05?

[slut_bangr]

Mints, gum, mouthwash, can all have brutal numbers pop up on a breathalizer. If you have it documented by whomever performed the secondary exam, you should have no problems should you decide to go to court and plead not guilty... also, there's a secondary loophole, I don't know if its nationwide thing, or, a time limited freebie that alcoholics are being rewarded with or what, but I just recently watched my friend get off from dui charges, by pleading not guilty, than requesting verification that the equipment used for his breathalizer exam had been callibrated to function properly within 90 days prior to his over the limit read out.. apparently the absence of that evidence is evidence of your absence to the charges filed..

[DrBill100]

What would it mean if I blew a .05 on a breathalyzer, and then took an ETG test and passed it. I hadn't been drinking so the ETG test should prove my innocence right. What could have cause my blowing .05?

Breathalyzer (BrAC) should not be a singular test. Many things can cause an errant reading. It should have been followed about 10-15 minutes later with a second reading. Was that done?

Second, an EtG test would not prove that the BrAC was errant or that you had not been drinking unless is was properly timed. That is about 5 hours following the BrAC.

Depending on who is administering these tests the second factor may not even be known to them so you could be exonerated by the EtG. The mere fact that EtG was used to confirm a BrAC points to a lack of knowledge on the part of the administering agent. The proper confirmatory test was blood and/or urine.

[dspan]

Breathalyzer (BrAC) should not be a singular test. Many things can cause an errant reading. It should have been followed about 10-15 minutes later with a second reading. Was that done?

Second, an EtG test would not prove that the BrAC was errant or that you had not been drinking unless is was properly timed. That is about 5 hours following the BrAC.

Depending on who is administering these tests the second factor may not even be known to them so you could be exonerated by the EtG. The mere fact that EtG was used to confirm a BrAC points to a lack of knowledge on the part of the administering agent. The proper confirmatory test was blood and/or urine.

Ya it was taken 2 hours after the BAC reading.