Which breathalyzer result is used in court?

[CdwJava]

Thanks for the input. In your experience, is a .08 blown at the station looked upon less favorably to a DA than a .08 blown at the time of arrest?

The blow in the field on a PAS device is inadmissible for purposes of the BAC level. It can be used only as a means of determining the presence of alcohol. However, there are legal exceptions to this, but none appear to be present here (unless you are under 21 or on probation or parole for DUI).

 

[CdwJava]

The tests do not need to be administered "perfectly." In fact, there is no "perfect" way to administer them. Heck, *I* don't administer them "perfectly," but, I administer them appropriately.

One has to recall the main purpose of these tests when they concern DUI - they are designed to test one's ability to perform two tasks at once. That is the important thing to observe in the tests - can they follow two directives at one time. Since driving is a divided attention task, the tests are geared towards addressing that. The biggest problem that most impaired drivers have is following instructions, and, yes, THAT is one of the biggest "cues" that we see. The test is not just about walking in a straight line, waging a light in front of their eyes, or standing on one leg.

Additionally, there are tests that are administered that are not part of the NHTSA test battery and still lawfully part of the FSTs, and the tests commonly used to evaluate for drugged driving are in addition to the NHTSA battery yet have validation elsewhere.

 

[jendrus]

I think that they re using blood test.

 

[Ohiogal]

I think that they re using blood test.

I think you have no clue what you are talking about in any of your posts. QUIT posting on old threads though.