Why do we use a breath test for BLOOD alcohol concentration?
The breath test for “legal” alcohol level is abnormally high early on especially right after alcohol consumption because of gastric evaporation when you blow into the device. Some individuals have had an illegal level after consuming only one glass of wine and being pulled over right after their dinner. The breath test as stated is typically abnormally high early on and when someone is really intoxicated, well over the legal limit, it tends to be lower than the actual blood test(BAC-blood alcohol concentration) but still will register OVER the legal limit. The blood test is the ONLY accurate measurement. Under the law in all 50 states a driver is REQUIRED, if asked, to take a field sobriety test. However, you have the right in all 50 states to respectfully refuse to take the breath test and request the blood test BUT are required to submit to testing of some sort. If the blood test shows that you are legally intoxicated (.08 or greater), in most states, you will be liable for the cost
