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Old 07-04-2012, 12:49 PM   #633
jar_e
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Quote:
Originally Posted by chemgear View Post
But if you were driving, wouldn't you still be metabolizing that alcohol in your systemso that you would "be over 0.08" if you hadn't been pulled over and still driving/pulled over later?
Quote:
Originally Posted by Doodlebug View Post
This brings up an interesting point if your second test puts you over 0.08. Say your second test is like 2 hours later. Couldn't you argue that you were driving 2 hours ago not now, when your BAC was under 0.08?
Obviously there's a lot of variables, but the second test should be administered pretty quickly (ie. under 30 minutes). It will create some interesting charter issues as the person who provided the first sample may not be fully aware of the jeopardy they're facing just from reading the sheet.
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