Breathalyzer Test
Across the nation, it is illegal to operate a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. In order to determine a driver’s BAC, the police officer will ask him or her to submit to a chemical test. There are three tests that can be used (breath, blood, and urine), with the breath test being the most common.Often referred to as a breathalyzer test, the breath test estimates the driver’s BAC by measuring the amount of alcohol in his or her breath. There are two forms of breathalyzer tests: the portable, or preliminary breath test (PBT), and the evidentiary breath test.
The PBT is administered roadside before a DUI arrest is made. The test results from the PBT are generally inadmissible in court, but may be used as probable cause to make a drunk-driving arrest.
The evidentiary breathalyzer test is often administered at the police station, though some law enforcement agencies have mobile units that are equipped with breathalyzer equipment. The results from this test are used as evidence in court. If a suspect refuses to take this breath test, he or she is in violation of the Implied Consent law, and may have his or her license automatically suspended.
If you have been charged with DUI after failing a breathalyzer test, do not give up hope. Breath tests are certainly not without error. A skilled DUI defense lawyer should be familiar with some of the common issues with breathalyzer tests.
In order to function properly, the breath testing device must be maintained and calibrated. Your lawyer may want to check the maintenance logs to ensure that the device was maintained correctly. If it was not, this may throw the machine’s accuracy into question. It is also important that the police officer administered the test correctly. If the officer makes you blow into the device for too long, this can inflate the results of your breath test.
Mouth alcohol may also affect the results of a Breathalyzer. For example, if someone vomits within 15 minutes of taking the breath test, his or her test results will be falsely high. Acid reflux, dentures, and mouthwash can also lead to mouth alcohol, which affects the results.
Have you been charged with DUI after failing the breathalyzer test? If so, it is in your best interest to contact an experienced DUI defense lawyer as soon as possible.
