Field test vs Station test: Which Counts?

[robhat]

Hi, I got pulled over for a 1st offense last night in Ohio. I failed the breath test at the scene (.85) and passed the breath test at the station less than an hr later (.75). In situations like these which result counts?

[CdwJava]

Originally Posted by robhat

Hi, I got pulled over for a 1st offense last night in Ohio. I failed the breath test at the scene (.85) and passed the breath test at the station less than an hr later (.75). In situations like these which result counts?

I believe the law is pretty consistent throughout the nation, but it should be the test at the station that will be the "official" test result. Your attorney can probably tell you which it is.

Note that it is possible to be arrested and prosecuted for having a BAC under .08. If you are impaired by drugs and/or alcohol, you are not supposed to operate a motor vehicle. SO, you did not "pass" the breath test at the station, you only blew a lower BAC.

- Carl

[robhat]

Thanks for the quick info.

Right, I know I didn't "pass"....meaning I still am going to be charged with something.

The officer said that possibly the judge would lower it to a wreckless op (or something of that nautre) since the 2nd test was under the legal limit.

I wasn't planning on getting a lawyer though since I'm already paying out so much money in impound fees/ticket fees/court fees....and I can't really even afford those.

[CdwJava]

My state has a similar "wet reckless" option for offense at or near .08.

It might be a good idea to at least inquire with an attorney because it might not be something that you can negotiate - I just don't know. It's probably better to be safe than sorry.

- Carl