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![]() The results of the breath tests, blood tests or urine test will largely determine the charges brought and the possible sentences. The so-called "per se" offense (driving over .08%) is defined by the blood-alcohol level; the "DUI" offense (driving under the influence) is partially proven with a rebuttable presumption of intoxication if the result is over .08%. It is important to realize that the DUI laws relate to the blood-alcohol level AT THE TIME OF DRIVING not at the time of the test; there may be a significant difference, not to mention difficulties of proof. It is also important to understand that tests particularly breath tests are unreliable and susceptible to attack by an attorney who is knowledgable in the science of blood-alcohol analysis (PDF Download). Why Breath Tests of Blood-Alcohol Don't Work (PDF Download) Online Blood-Alcohol Calculator About.com Wikipedia |
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