# DUI question: would this fool the judge/police?

**URL:** <https://boards.straightdope.com/t/dui-question-would-this-fool-the-judge-police/645273>\
**Category:** Factual Questions\
**Created:** [December 27, 2012, 1:34pm UTC](https://boards.straightdope.com/t/dui-question-would-this-fool-the-judge-police/645273 "2012-12-27T13:34:12Z")\
**Posts on this page:** 1\
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**Author:** ![Dog80](https://avatars.discourse-cdn.com/v4/letter/d/6bbea6/32.png) [@Dog80](https://boards.straightdope.com/u/Dog80)\
**Post date:** [December 27, 2012, 1:34pm UTC](https://boards.straightdope.com/t/dui-question-would-this-fool-the-judge-police/645273/1 "2012-12-27T13:34:12Z")

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Suppose I am driving my car under the influence and lose control and kill somebody.

As I am waiting for the police to arrive, I go to the corner store, grab a six-pack and start downing the beers one after the other, while at the same time I make sure there are several witnesses who see me.

When the police eventually comes and tests me, inevitably their breathalyzer will go off the scale.

Can I then claim that I was sober when the accident occured and the breathalyzer indication is due to the six-pack I drank afterwards?

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