Do you have to take the breathalyzer test? What happens if you refuse? These kinds of questions are asked every day by people who get charged with a drinking and driving. Sobriety tests themselves can be quite complicated, so this blog guide will help you understand how sobriety tests work, what rights you have, and how you can avoid major charges.

Do you have to take the breathalyzer?
While some tests you do not have to take, as no law says you must, the breathalyzer test is something you can be punished for denying. All states have laws in place where if you refuse a breathalyzer you can have your license suspended and risk other penalties.

Are breath tests 100% accurate?
No, breath tests are subject to human error. Therefore, if you fail one, it’s not always accurate. The majority of the time the breath test is correct, but the blood test is technically much more accurate. The problem with breath tests is the fact there is no difference whether you are 120 lbs or 220 lbs, nor if you’re a man or woman. Also, the officer may incorrectly operate the breathalyzer.

Do you have to take the blood test?
Yes, you must also take the blood alcohol tests. These have similar charges if you refuse them as breathalyzer tests. Blood tests are the most accurate form of sobriety test available. They too are subject to error, as is any test, but it’s very rare. If you fail both a breathalyzer and blood test, you may be in trouble.

Do you have to take other sobriety tests?
Other sobriety tests are quite often optional. There are no laws stating you have to walk in a straight line, or say the alphabet backwards, or count down in some way. These are all optional. If you are unsure, ask the officer if you must by law take this test. Rarely if ever are these field tests mandatory.

What happens if you fail and are charged?
If you fail a breathalyzer and/or blood test, you can be charged with a DUI. It depends on how many offenses you have received. Even first time offenses can be quite damaging, but of course they are less tough on you than multiple DUI charges. A first time offense often means you will get your license suspended for six months to a year, you may face some jail time, you may be fined, among other penalties. If you get further DUI charges, you risk getting a felony, which means a longer license suspension, more jail time, and bigger fines.

Who can help?
If you are charged with a drinking and driving, it’s not the end of the world, but it’s a serious charge. It may be the toughest legal battle you have to fight in your lifetime. Therefore, you need proper help, and that means hiring an experienced DUI lawyer. It’s his or her job to fight for your rights. There may have been mistakes in the arrest. The breath test may have been wrong. You may have proof you were not intoxicated. If you were drinking, you might think pleading guilty is a good idea. Pleading guilty is rarely a good idea when charged with drinking and driving. Hire a DUI lawyer and make no decisions yourself.

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What kind of penalties can you expect for failing a breathalyzer? What if you refuse to take the breathalyzer? Clearly, getting a driving under the influence charge can be problematic to say the least. You should always consult with and hire a local and experienced DUI lawyer to help in your case. You have no other good options, as representing yourself is a big mistake. This blog guide can help, but if you’re currently dealing with a DUI charge, you need a lawyer.

What can you get pulled over for?
You likely are pulled over for driving oddly, or you get into an accident, or make a mistake such as speeding or running a stop sign. Once the officer pulls you over, he or she will as some questions, such as if you’ve been drinking or using drugs. If the officer feels it’s clear you are under the influence, he or she may not even give you a breathalyzer, instead arresting you (which can occur if you are clearly drunk). In cases of an accident, if you hurt someone you may face felony charges.

What charges can you expect if you fail a breathalyzer?
If you fail a breathalyzer test, you will be arrested. What’s the same for all states is the blood alcohol limit, which is .08%. What’s different is how you will be charged. One state may suspend your license for longer than a year for a first time offense, while another may suspend it for less. Jail time can be different. Fines can vary. Probation is also different. This is where a local professional DUI lawyer can help. You may not know the charges you face. If this is your first time offense, most states are relatively lenient, as the charges will be much less. Also, states all have laws for further penalties if you’ve received multiple DUI charges.

What if you refuse a breathalyzer?
This too can vary from state to state, as the laws are different. Some states will automatically suspend your license for six months if you refuse a breathalyzer, while lessening the penalty if you take it and fail. So, in some states it’s actually smarter to take the breathalyzer, especially if this is your first offense.

What other tests can you expect?
You are often asked for field sobriety tests: walking backwards, standing on one leg, saying the alphabet backwards, and so on. If you fail these, it can give the officer reason to test with the breathalyzer. In some cases, however, you can refuse to take the field tests at no further charges to you.

Who can help?
You definitely need an experienced DUI lawyer, even if this is your first offense. Quite often you can strike a plea bargain deal for lesser charges.  Unfortunately, most DUI charges stick, and you’ll get some penalties. But “most” does not mean all; your right is to have a fair trial to plead your case, and you may just prove your innocence.

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Sobriety tests are now as common as DUI arrests. What this means to drivers is clear proof of driving under the influence. While many states have different terms and laws for handling DUI and DWI arrests, one thing is the same across the board. The blood alcohol level limit is 0.08% for all states and districts in the U.S. If you are at 0.08% or over, you can be fined, given jail time, and have your license suspended.

But you might be wondering, are these breathalyzer, blood, and other tests as accurate as you’d been led to believe? After all, the entire case against you is based on a simple test. While some would discount that these tests are in any way inaccurate, it’s still useful to look into the details.

When you are pulled over and the officer suspects your under the influence, he/she can administer more scientific tests such as the breathalyzer. Almost every state has the “implied consent” law where if you refuse to be tested for alcohol levels your license can be suspended. There are other tests too.

“Field of Sobriety Tests”
These tests are the ones we all know, where you’re asked to count from 100 down to 1, or spell the alphabet backwards. Officers also check the eyes, for coordination (walking in a straight line), and cognitive abilities. You might often have to do more than walk in a straight line and say the alphabet, as officers are trained in various ways to test alcohol levels.

Blood Tests for DUI
Blood tests are considered to be the most accurate test of alcohol levels in your body. However, in some cases DUI lawyers can argue the testing via blood, namely if the blood wasn’t handled or preserved properly before and during the testing. In fact,some say if the blood is allowed to coagulate, it can lead to false high readings.

Breath Tests for DUI
Perhaps the most common and well known test, the breathalyzer can be used to test alcohol levels right when the officer pulls you over. The actual science behind the breath test is complex, as it tests the level of alcohol in the air you exhale instead of your actual blood level. This results in a lot of guesswork on the officers part, and gives you the chance to fight the case, as false high readings can and do occur

Urine Tests for DUI
Since urine tests are the least accurate of blood alcohol level tests, they’re rarely used. Since alcohol is in the blood and not urine, it’s less accurate. Usually some assumptions have to be made.

Fighting the DUI with a Lawyer
If any of this sounds complex, that’s because alcohol blood level testing isn’t an exact science. While many will fail the tests and be over the limit, some will not, or there are mistakes made, and that’s enough room for a DUI lawyer to help you plead your case. No matter your situation, if you get charged with a DUI you can fight about more than the alcohol tests. You can also fight, for example, if the officer had the right to pull you over in the first place. In the end, hiring a DUI lawyer can help you out of this situation and perhaps help you keep your license and avoid jail time.

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While discussions of drunk driving often assume that every driver arrested for DUI was drunk, often this is not the case. Arresting officers can make mistakes. Consider the following possibilities:

Roadside Tests are Subjective

• Sober individuals who are not physically active or have inner ear problems often cannot balance on one leg for any length of time. An officer may cite failure to pass this simple test as evidence of intoxication, when it may simply be evidence of a driver’s physical inactivity or medical problem.
• Drivers who do not speak English as their native language may not be able to recite the alphabet or count forward or backward correctly and confidently. And any driver, regardless of his native language, may feel nervous or intimidated when confronted by a law enforcement officer and not perform simple mental task to the best of their normal abilities.

Blood Alcohol Content Tests May Be Inaccurate

• Many prescription medications, and even some over-the-counter products (like cough medicines) or herbal preparations (such as ginseng or kava kava), may contain alcohol. This may alter the results of breathalyzer tests or blood or urine samples taken.
• How a law enforcement officer calibrates, stores and operates a breathalyzer machine may impact the machine’s results. Any error on the officer’s part can, on occasion, render the machine inaccurate.
• When taking a blood or urine sample, wiping the area with isopropyl or rubbing alcohol before taking a sample can create inaccurate Blood Alcohol Content (BAC) results.
• Some medical conditions can cause a driver to have an elevated BAC even when he hasn’t been drinking. For example, diabetics can have ketones in their breath, which could cause a breathalyzer analysis to record alcohol when they haven’t been drinking.

No attorney wants help drunk drivers break the law and get away with it, but those who are victims of a false arrest need legal representation to prove their innocence.  Contact an DUI attorney in your area experienced with your state’s DUI laws.

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