Cargo boy
Thank you, floor taken.
As I said before the BAC level at the time of second test is the reading that matters. That reading either goes up or down, depending on last drink. If it is going down, then of course there will times when the second test is below a set level. That does not mean, as you say anyone got off, it means there is not the evidence to support a charge. End. There is no, getting off, as you put it.
But, what it does do is explain why a person has been arrested, be that for drink driving or this offence, with a BAC apparently above the level, but a later test shows them to be below. And that although a second test is under a set BAC, that either information to police, or arrest can be justified.
There is no more implication in what I say than that. If you wish to read into things then carry on.....