[jaydubya2]

"What's the story here? Are the police supposed to test and retest, until they get a failing result?"

Yep. It happened to a guy I worked with. He had just left a bar and got pulled over. They gave him the breathalyzer that he passed with .07%. They made him wait 30 minutes until they had him take another one. By this time he had more alcohol in his blood and when he took he failed at .08%.

[eastforker]

That means he was not guilty at the time. A 1st year law student should be able to beat that.

[coloradan]

So then, when he was driving his BAC was legal, and he could (in principle) make the case that he would have arrived home before his BAC rose to an illegal level.