What is the likelihood that a field administered breath test and a blood test administered in a clinic will render the same BAC result? 11 Answers as of December 20, 2013

This was approximately 45 minutes later.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
S. Joseph Schramm | Joseph Schramm
Generally, the results will be fairly close if they occurred with 45 minutes.
Answer Applies to: Pennsylvania
Replied: 12/20/2013
Hudson Bair | Hudson Bair
If the numbers are identical there is a strong likelihood that you were absorbing and/or shifting from absorption into elimination which means that breath numbers are likely overstated. You need a lawyer and a forensic toxicologist and likely a jury trial to walk away from this defensible case.
Answer Applies to: California
Replied: 12/20/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
That is impossible to figure since there are a great number of variables involved.
Answer Applies to: Michigan
Replied: 12/20/2013
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Not sure what you mean by the "same". If you mean identical, they will probably be different. A blood test is far more accurate.
Answer Applies to: Washington
Replied: 12/20/2013
Strowbridge Blaisdel Richardson | Strowbridge Richardson
The blood alcohol score is going to be based on the alcohol in you system at the time of the test. It is not unlikely that the scores are the same or the blood test taken 45 minutes later may be under the field test. It is going to be determined by the amount of alcohol you consumed prior to the administration of the test.
Answer Applies to: California
Replied: 12/20/2013
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    If they're both working correctly they should be different unless you peaked in the middle. Otherwise, one machine is not working properly.
    Answer Applies to: California
    Replied: 12/20/2013
    Jeffery M. Navarro, Attorney at Law | Jeffery M. Navarro
    A field administered sobriety test, done with a portable breath machine, is inadmissible as it is not deemed scientifically accurate. Moreover, blood alcohol will rise or drop with time contingent upon when a person consumes alcohol. Therefore, the BAC would not be the same.
    Answer Applies to: Mississippi
    Replied: 12/20/2013
    Law Office of Robert E McCall | Robert McCall
    Unlikely but possible, depends on the equipment used.
    Answer Applies to: Florida
    Replied: 12/20/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The results may not be exactly the same but the only one that really matters is the blood test. In Minnesota, a blood test taken within two hours of the driving conduct is deemed to be the blood alcohol content at the time of driving.
    Answer Applies to: Minnesota
    Replied: 12/20/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    That will depend on a number of factors with your body metabolism being just one of them. It would be impossible to answer without more information.
    Answer Applies to: Michigan
    Replied: 12/20/2013
    Law Offices of Nicholas M. Loncar
    Law Offices of Nicholas M. Loncar | Nicholas M. Loncar
    It could be higher, it could be lower. The answer to your question depends on many factors, namely when you started/stopped drinking and how fast alcohol is absorbed into your blood (different for everyone). The PAS breath test is inherently unreliable. It can be falsely high or low. The blood test, 45 minutes later might be higher than your BAC was while you were driving (rising BAC defense). If the blood test has a lower result, you can challenge the accuracy of the breath results. Consult with a DUI attorney immediately. You also only have 10 days from the date of your arrest to set up a DMV hearing! This important step could save your driver's license. Good luck!
    Answer Applies to: California
    Replied: 12/20/2013
Click to View More Answers:

Need more information on drunk driving law? Visit our free DUI resource page to learn more.

If you need immediate assistance, fill out a free case evaluation form to connect with a DUI lawyer in your area today!