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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26826
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Tina the forms I just received say I have been charged with

Customer Question

Tina the forms I just received say I have been charged with the following:
75 3802 a1 (lead), a2, & b. However on a,separate page they continue the charges (75 3802 c and 75 3714 a) under a section call "all charges." What does this mean? Also the report incorrectly lists my weight as 20-30 pounds less than what I actually am. Does this affect how correct the bac was determined and the level of charges?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


My name is ***** ***** I an an experienced criminal lawyer.

Breathalyzer tests work by measuring the amount of alcohol in your lungs. The results do not rely on your weight. You can read more about how it works here. The amount of alcohol your body can metabolize in an hour does involve your weight, however. So the error on the report may still be useful depending upon the other facts and circumstances in the case.

Generally at the time of an arrest, the police will charge as many offenses as may fit the crime. The DA then refines them after a closer look at the evidence. The police are not lawyers. So it's not surprising that other sections of the law may have been at one time considered, but that the actual charges on which a defendant gets arraigned may differ.