[daejinyoon]

My 335i is coming in about a month and I just got caught with DUI (well sort of). I am in Korea and if your alcohol level is over .05, you get caught. Well when I did the breathalizer, mine came out to .051, so I demanded a blood test thinking I can get .002 lower by taking it. Has anybody ever taken the alcohol blood level test? Did it come out lower than what the breathalizer came out? My results come out in two weeks and its really killing to wait!! I hope I can drive my 335 when it comes....

[scottp999]

Depends on body weight, number of drinks, and when you stopped drinking. Could have been going up or down at the time.

[TMNT]

Blood alcohol test are MUCH more accurate than breathalizers so your blood alcohol could be higher or lower. But from what I gather, breathalizers rate higher than normal, however that doesnt mean your safe. The last time you drank before you got tested plays a major factor.

[lawdude]

Did the DUI take place in Korea?

[daejinyoon]

Well I had stop drinking for about an hour and then 40 minutes after the breathalizer, they drawn my blood. I had about 3 bottles of soju, if you guys know what that is.

[FirstClass]

.05 and you got a .051? Damn that sucks.

[John 070]

I would think the blood test is the most accurate. It's like a $100 home blood pressure/pregnancy/sugar level/air mattress inflator all-in-one kit bought at QVC, or the blood pressure instrument the doctor has on his wall that uses mercury. The latter is far more accurate. Thing is the breathalyzer is fairly accurate, either a person has been drinking or they haven't. Whether it is .049 or .051 is pretty inconsequential as far as impairment goes. A drunk could have a BAC of .2 and not be impaired. Someone who doesn't drink at all could be trashed at .049. I guess the law does not discriminate.

[FirstClass]

Originally Posted by daejinyoon

Well I had stop drinking for about an hour and then 40 minutes after the breathalizer, they drawn my blood. I had about 3 bottles of soju, if you guys know what that is.

Blood draw 40 minutes after the breathalyser? You'll be fine unless the breathalyser was reading way low.

[KJFlood]

Yeah, Blood work is WAAAY more accurate BUT ...the longer they take to do blood work the less it is in the system...lol I have seen officers ROLL fast to get a drunk to get blood work done lol just to be SURE they got a GOOD read.

Man....05? lol, did you sniff the cap off a bottle to get that?

[lawdude]

Which breath testing instrument was it. If they gave you a copy of the print-out, it should be on there.

[bmw0perat0r]

There is even yet a more accurate way to determine blood alcohol content.

Ask a friend, the "DQg" - or designated question giver - to ask you a few simple questions.

1. Does Ford make the best vehicles?
2. Can a Kia Rio get to 60mph in under 1 minute?
3. Do you prefer vinyl or leather seats?
4. If you had dynamite for brains would you have enough to blow your ears off?

If the answer to question 1 is Yes - add .02 to your blood alcohol content.
If the answer to question 2 is Yes - add .01 to your...
If the answer to question 3 is Vinyl - add .009
If the answer to question 4 is No...

[daejinyoon]

I really don't know what kind of breathalizer they used. All I know was that I told them I didn't drink but I had some cold medicine, hahahaha, which of course they didn't believe. But one thing that really gets me nervous is that I heard that for some people the alcohol level in the blood could be higher even after you stopped drinking for couple of hours cuz I'm the type that gets drunk not while I'm drinking but after I get home. Does this matter at all? I waited 6 months for my car and this kind of crap happens....

[DFW_M]

you guys are born with alchol in your blood
They feed you soju instead of breast milk...
good luck!

[lawdude]

The reason I asked is because breath testing devices are not set up for individuals - they are set up for the average person. The Intoxylizer 5000 has a normal deviation of plus or minus .02. When you're borderline, that could make a big difference especially if there's a video where you look normal.

Better check with local counsel.

[alex310]

This really got me thinking too, so I asked a friend who is in MED SCHOOL and this is what he basically said, don't remember word for word, but you'll get the idea...blood is higher. When you blow there is many things that filter some of the alcohol out by the time it reaches the tester, also alcohol is heavier then air, so more air comes up then alcohol, but your blood is not as filtered. He also said the differences are very small. Also my friend added if your going to take a blood test for alcohol level, have them take it from your left arm which is the most new/filtered blood.

[krazykanuck]

Unless the breathalizer was way low, you should be fine.

A friend of mine in law school said that you should never consent to a breathalizer, but every time ask for a blood test. If you're borderline on the limit, the time it takes the police to get you to the station or whatever and get everything set up will likely give your body enough time to sober off the difference. This of course has little medical knowledge and came from a guy in law school, so its just my .02.

[UncleWede]

When the blood test is drawn, the time is also noted. Also, the time you were taken into custody is noted. After the test level is determined, there is an adjustment for time that passed, based on your actual weight, to come up with a reading AT THE TIME OF YOUR DETAINMENT, which is what they are really charging you with, what your BAC was while you were driving.

[Gort]

I remember that stuff.

[533ogetnom]

Originally Posted by UncleWede

When the blood test is drawn, the time is also noted. Also, the time you were taken into custody is noted. After the test level is determined, there is an adjustment for time that passed, based on your actual weight, to come up with a reading AT THE TIME OF YOUR DETAINMENT, which is what they are really charging you with, what your BAC was while you were driving.

that would NEVER hold up in court, not in a million years not even after we colonize Gliese.

[darkcloud]

Damn a .05 is the limit? That sucks cuz to my knowledge you would have been golden in most states cuz their limits range between .08 and .1.

Get a good lawyer and with the results you want from your blood test you may be able to plea down or take some courses to get out of it. That is if your court system allows stuff like that.

[daejinyoon]

Left arm....hhhmmmmm interesting, but they drew it from my right. Damn...

[schneid4323]

Originally Posted by krazykanuck

Unless the breathalizer was way low, you should be fine.

A friend of mine in law school said that you should never consent to a breathalizer, but every time ask for a blood test. If you're borderline on the limit, the time it takes the police to get you to the station or whatever and get everything set up will likely give your body enough time to sober off the difference. This of course has little medical knowledge and came from a guy in law school, so its just my .02.

BTW he is in korea..... its not the same