What Is a Breathalyzer and How Does it Measure Blood Alcohol Level?
A breathalyzer test measures a person's blood alcohol level by determining the amount of ethanol on your breath (ethanol is a key ingredient in alcohol). The amount of ethanol ¿on¿ your breath is the same as the amount of ethanol in your system. This test is widely used and is usually given shortly after being pulled over for suspicion of DUI/DWI. Am I Required to Take a Breathalyzer Test if Asked to?
Every state has ¿implied consent¿ laws; if you drive, you are ¿consenting¿ to DUI/DWI testing upon being suspected of DUI/DWI. The penalties for not cooperating vary from state to state. For example, some states automatically suspend your license if you refuse to take a breathalyzer, while other states simply cite it as uncooperative behavior. Can I Challenge the Results of a Breathalyzer Test?It depends on the state. An experienced attorney will know what challenges will work in a given state or county. Here are a few possible challenges: - Unreliability of the breathalyzer
Since a breathalyzer measures the alcohol on your breath, unreliable results are common. Many variables can affect the results. For example, burping right before blowing into the equipment would create a higher reading. An expert witness may be helpful in questioning the results of a breathalyzer test. - Quality of equipment and skill of the tester
An experienced attorney may be able to point out flaws in the equipment used, or in the training of the officers who are using the equipment.
Should I Get a Lawyer Even if I Fail a Breathalyzer Test?Breathalyzer tests can be very unreliable. Even if you fail a breathalyzer test, you should consult an experienced DUI attorney to see if you have any defenses. It is always wise to consult a lawyer about your situation. |
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