Q&A: What happens if 2specimens are given in a breath test for alcohol but the results are different?

Question by Yellow: What happens if 2specimens are given in a breath test for alcohol but the results are different?
I would like to know which test is taken into account with relation to Irish law but UK law would be useful. I heard the test with the lesser amount of alcohol is taken but it this correct!?!
(reply to Reaper)
So even if you were breathalyzed and passed the first time but evidently acting drunk so the garda insisted on taking another test. The next test is a fail. Is the guard right to arrest you?

Best answer:

Answer by Reaper
You give two samples in the machine. The machine takes the lesser of the two for the benefit of the suspect. Now if you gave two attempts on the machine and two breaths on each attempt and one was less than the other it is called your peak rate. That means your body digests the alcohol and it can raise or lower the level of the amount of alcohol in your blood. Generally the agency goes with the lesser amount to give the suspect the best chance possible. I am only speaking from experience in the states as a traffic officer.

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One Response to “Q&A: What happens if 2specimens are given in a breath test for alcohol but the results are different?”

  1. Dominic says:

    In the UK, the first is disregarded, I imagine this is because if you had not long had a drink the breath would contain more alcohol and produce an almost definite fail. By expelling a quantity of air and taking the second reading a more accurate reflection of the level of acohol would be achieved.
    The whole process is geared to give accuracy and (unofficially) a sporting chance to the driver. If you subsequenty fail then you deserve what you get, or rather lose, ie your licence, money and in extreme cases your liberty.


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