Have you get caught drunk driving? If yes, then you need to understand driving drunk is dangerous for you as well as others around you. But there is one more thing about which you should have complete knowledge that is DUI Breathalyzer Test.
What is DUI?
DUI stand for “driving under the influence” or in the simple word “drunk driving”and it’s a crime in every state. When someone is pulled over by the police officer and is found to have alcohol in his blood over the legal limit then he/she is charged with DUI. The legal limit of alcohol content in one’s blood generally ranges from 0.08 to 0.10%.
What is a Breathalyzer?
A breathalyzer is a device that measures a person’s blood alcohol content from a breath sample. It is generally used by a police officer after they stop a driver, in order to determine whether a person is drunk driving or not. Driving under the influence of alcohol is taken as a felony depending on the facts and circumstance of the case.
How Does a Breathalyzer Work?
It simply measures the amount of ethanol on a person’s breath, that’s how it determines one’s BAC (blood alcohol content). As ethanol is a key element in alcohol. Even bowing less air into the breathalyzer, or sucking on a copper coin, or using mouthwash before blowing into breathalyzer it is impossible to cheat or defeat a breathalyzer.
Can I Get A False Positive?
Yes. Medication can affect a breathalyzer even it is considered an accurate device. We all know some of the medication contains alcohol so it is possible to get a higher BAC reading that can cause a false positive.
Am I Required to Take A DUI Breathalyzer Test?
Yes. The police officer is first going to look into the cues or clues or indication that suggest there is probable cause to make an arrest. These causes can be anything like your glassy eyes, flushed face, slurred speech. Moreover, if you are not able to respond to a simple request for license, registration, and insurance or you’re having a difficult time finding it then these are going to harp on as proof of DUI.
They will order you to move out of the car and will observe your balance, your coordination, and your responsiveness to their request. And then they will decide about whether or not to arrest you for DUI. And if you get arrest then you have to go through a DUI breathalyzer test. The penalty for failing to a breathalyzer test varies from state to state. For example, some of the states will suspend your license for a specific period of time.
Can I Challenge the Results of The Breathalyzer?
Yes, a skilled attorney can help a driver challenge the results of a DUI breathalyzer test in a various number of ways. Some come challenge are as follow:
●Is Breathalyzer Being A Reliable Indicator Of BAC:
Breathalyzers are not 100% accurate, demonstrate that the breathalyzers are not a reliable indicator of BAC and often have an error rate. And in cases where the driver’s BAC reading is slightly above the legal limit, an attorney can challenge the result in court as the result is inaccurate.
●Question the Training of The Officer Who Administers the Test:
Some of the officers administer the test incorrectly because of insufficient or inadequate training. One can use this as an advantage and can question whether the police officer who administered the breathalyzer did it correctly.
●Use Your Medication as An Excuse for High BAC Result:
As we explained above, some of the medication content alcohol in it which can increase one’s BAC. You can challenge the result if you were on certain medications that may raise your BAC.
This blog is enough to learn about what is DUI Breathalyzer Test and how officers use it for proving whether the person is actually drunk or not.