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Can my DUI get dropped to reckless driving?

How to get my DUI charge dropped to reckless driving.

Do I have a choice on which BAC test to take?

What is a BAC test?

A blood alcohol test, or BAC, is a test given to determine how much alcohol is contained within your system. The average level of being sober to drive after consuming alcohol is .05%, however, the average level of a person's BAC is typically at .08% to be considered drunk and illegal to drive. It is important to note that each State is different, and not required to be equal in order to be legal or illegal. Below are three seperate BAC tests that can be taken to determine your sobriety:

  • breath
  • blood
  • urine

Can I choose which BAC test I take?

If you have been pulled over for a DUI and the officer requires you to take a blood alcohol content (or BAC) test, there are a few things you need to be aware of:

  • your own State DUI laws
  • how much alcohol you have consumed
  • is this your first offense
  • how long since your last drink
  • do not try and talk your way out of anything

Each State withholds the right to determine the final BAC percentage of declaring your sobriety, as well as which tests are and not all of them are the same. You need to know what your own State requires and uses as the determinate factors in drinking and driving. Usually you are free to choose which BAC test you take, and you would be wise to consider all the options before determining which one you choose.

How reliable are these BAC tests?

If you choose to take the breath test, you would be blowing into a maching that is created to analyze the amount of alcohol in your breath. This can be tricky, because you could have a completely inaccurate reading if any of the following happens:

  • belching
  • berping
  • hiccup
  • vomit

This test accuracy is based on the assumption that the lungs are communicating the data to the device, and therefore not ruling out any of the above mentioned possibilities. It is more likely that the analization is coming from lingering alcohol from your mouth, esophagus, or your digestive system. Also important to note here, that many jurisdictions do not hold this Breathalizer test to be accurate, or the best choice, due to:

  • digestive inacuracies being very common
  • cough syrups and breath fresheners disguising accuracies
  • dental bridges and dental gaps trap alcohol
  • breath samples are not saved and cannot be later re-analyzed by the defense

If you choose the blood test, it will be the most accurate as it will detect both alcohol and drugs. The least accurate overall is the urine test. 


If you are specifically confident that you are not drunk, a blood sample will be your wisest choice for a BAC test. However, if you believe you are drunk and will exceed over the legal limit, and you desire to remain discreet, your best bet is to take the urine test as it is the least accurate and most easily impeached test. 


(Read more: - alcohol - DUI Law - reasons for DUI )

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