If you’re stopped by law enforcement because they suspect you may be driving under the influence of alcohol they can ask you to take a “breathalyzer test” on the spot of the infraction, or they take you to the police station and take one of three blood-alcohol tests: blood, urine, or breath. If you opt to take a “breathalyzer” test that will involve you blowing into a tube that’s connected to a Breathalyzer machine which is a device that measures the concentration of blood alcohol in your breath.
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In some states if you refuse to take any breath test, it will be duly noted on the police report and there is a better than average chance that your drivers license will be suspended forthwith. Especially if the machine registers a blood-alcohol level over your state legal limit which, in most states, is .001. If that be the case, you will be arrested for driving under the influence. However in some states the law reads that the police must give you two “breathalyzer” tests which must register within .02 percent of one another. Ergo, in the states that have this option, if the results are too far apart, they cannot be used against you.
Inexperienced Driver Versus The Breathalyzer Rules 0f Law!
Drivers who have never been arrested for DUI may assume that once charges are filed they might as well “toss-in-the-towel” since there it’s worthless to try and fight city hall. While the “breathalyzer test” you took is a significant piece of evidence against you, it doesn’t end there. Whether you know it or not, the machine you made your “blow test” on may not have been calibrated, maintained, or used properly. Ergo, your breath test that may have cost you your driver’s license may have produced bogus results.
Question: Are Breath Tests Really Accurate?
The fact is that after tons of research the method of measuring blood-alcohol concentrations is the least accurate and nine times out of ten, is challenge successfully in a court of law. So you might want to make a mental note that should you be a beneficiary of a DUI, hire an experienced attorney who handles DUI cases for a living. It’s a lot better than riding the bus to work.
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If you watch enough cops shows on TV you may notice some of the elements of a DUI charge, other than the breath test, that may also be worth investigating. Take the field sobriety test, for example, and the shoes worn by the driver, as well as the conditions of the road or off-road conditions where you are asked to do a “stand, walk, and turn effort.” If it’s on a gravel surface, of course you may slip and fall. These are actions that are heavily depended on in court. Finally the “breathalyzer test” and DUI charges can also be used for any number of other intoxicants including marijuana and heroin even though they can’t be detected by the breathalyzer.
