Driving while intoxicated (DWI) offenses can cause a host of issues for otherwise responsible adults in Minnesota. A driver arrested for an alleged DWI offense could lose their driver’s license. They are at risk of incarceration and financial penalties.
Those who regularly enjoy alcohol may try their best to comply with the law. However, it is easy to make mistakes when attempting to estimate intoxication levels. For years, people had no way of knowing their blood alcohol concentration (BAC) unless a police officer stopped them and performed a test.
However, tests have become more affordable and compact. Personal breath test devices are now available for a minimal investment. Can carrying a personal breath test and checking BAC levels before driving protect a motorist from DWI allegations?
Tests help but do not eliminate risk
Knowledge gives people an opportunity to make informed choices. If a driver performs a test and discovers that they are over the legal limit, they can make alternate arrangements to get home from a bar or a party.
Those who pass a BAC test that they administer themselves might still fail a test if they get pulled over by a police officer later. They could still then be at risk of DWI charges. There are several reasons why a driver who passed a test initially might fail a subsequent test administered by a law enforcement professional.
In some cases, a rising BAC is to blame. The driver may have performed the initial test too soon after they stopped drinking, resulting in inaccurate results, their BAC continued to rise after they left the party or establishment. They then had a level over the legal limit when a police officer stopped them.
Other times, the testing device might produce inaccurate results. Chemical breath tests rely on highly-complicated chemical procedures. If a driver fails to regularly calibrate their testing device and download software updates as recommended by the manufacturer, the device may not provide them with an accurate reading.
They may get in their vehicle with a false sense of security when they are actually vulnerable to arrest. The decision to regularly perform breath tests does show a good faith attempt to comply with the law. Drivers can sometimes use personal test results as part of a broader defense strategy after a DWI arrest.
Finding ways to reduce the likelihood of DWI charges is usually beneficial for those who frequently enjoy alcoholic beverages. Personal breath tests are certainly helpful, but they do not completely eliminate the risk of DWI charges.