It’s illegal to drink and drive, which is why you’ve always erred on the side of caution. You don’t drink more than a single alcoholic beverage an hour, and you wait an hour before you leave anywhere you are. You want to make sure you’re not intoxicated, because you know that you could be hurt or hurt someone else if you choose to drive when you are.
That’s why you were surprised when you ended up with a drunk driving charge. The officer took a sample for a Breathalyzer test, and it came back first at .04%. They tested again, and it came back at .08%, high enough to lead to your arrest.
With differences so significant, it’s important for you to talk to your attorney about the possibility that the Breathalyzer was not calibrated correctly. There is also a possibility that the officer did not give the test correctly or that you had other factors playing into the unusual readings.
Things like using a mouthwash containing alcohol or burping during a test can make it inaccurate, which is why it’s so important to make sure the test is given by a trained officer. If the officer makes mistakes, then you could end up facing charges for a crime you didn’t commit.
Your attorney will look into the evidence that has been collected so that they can help you build a defense and fight for the charges to be dropped. If a breath test isn’t accurate, then there may not be enough evidence or support for the prosecution to continue pursuing the charge against you. That’s something your attorney will talk to you about more once they’ve reviewed your case.