Driving while intoxicated (DWI) convictions can lead to a variety of frustrating consequences. People can lose their driver’s licenses. They may have to serve a sentence in state custody. There are also financial consequences including fines, court costs and higher insurance premiums. Individuals who like going out for happy hour with coworkers or trying the newest IPA available at their neighborhood brewery may want to proactively protect themselves from DWI charges.
Some people arrange for designated drivers or use rideshare services whenever they have anything to drink away from home. Committing to staying off the road after drinking is admirable, but it may not be practical. Some drivers only get rides when they need them, but most people struggle to accurately evaluate their level of intoxication. They may feel like they can drive safely, but they might still fail a breath test.
Smaller, more affordable breath tests have made them available to the general public. People could purchase a personal breath test to check themselves before they drive home from a bar or party. While those tests can be helpful, they do not necessarily guarantee that a driver can avoid a DWI charge.
Personal tests can be inaccurate
Chemical breath testing is a complex process, and it is easy for tests to produce false positives, false negatives or inaccurate readings. People need to regularly calibrate and maintain their devices. They may even need to install software updates provided by manufacturers. The failure to update and calibrate a device might lead to it returning inaccurate results. They may then fail testing during a traffic stop and be at risk of prosecution.
Timing is everything for test accuracy
Even the best-maintained personal breath test could give inaccurate results if a driver tests themselves right after they finish a drink. It takes a while for alcohol to enter the bloodstream. A driver’s BAC may continue rising for some time after they finish drinking. They might produce much higher results if a police officer pulls them over half an hour after they test themselves.
Understanding the limits of personal breath test devices can help people reduce their risk of DWI charges. Drivers who do end up arrested may need help reviewing the situation to establish a viable criminal defense strategy, and that’s okay.