this post was submitted on 04 May 2024
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Youre right! That's why if someone blows high on a roadside test they will be taken to the station and tested again multiple times over a longer period of time using a more sensitive device. Roadside tests aren't admissible in court as evidence and are only used as probable cause to force someone to take the real test at the station. Nobody is going to jail because they used mouthwash before driving.
The device at the police station works no differently than the roadside one. It is just considered more accurate in that it gives a number value to represent the estimated percentage of alcohol in your blood, based on the concentration of VOCs in your breath that have methyl groups. Roadside only does pass/fail/warn. The only way to actually know what is present in your system is a blood test. People don't normally get breathalyzers unless there is a reason for it, even at RIDE checkpoints so yes, we may introduce a possibility of incriminating someone based on the results of a breathalyzer test alone. Unless we just stick to probable cause.