What is a Breathalyzer?
Even if you have some idea of what a breathalyzer is and can do, this blog guide can give you valuable information and answers many questions. Let's get started.
What a Breathalyzer Is Scientifically
It can seem to be a simple device until you really see how it works. A breathalyzer has a sample collection system, a chemical reacting system consisting of glass vials containing a solution sensitive to alcohol, and a meter which measure the electrical current between photo cells. Yes, it seemed easy before, but for our purposes, just remember it collects your breath for a chemical reaction; if you have alcohol in your system, technically it can be read on the breathalyzer.
How Breaths Tests Are Given
The officer asks you to breath heavily into the breathalyzer so a reading can be made. This is not exactly a blood test; it will be estimating alcohol in your blood by ratio in your breath. You breath into the breathalyzer, a reading is given, and the officer multiplies it. All states use the .08% BAC (blood alcohol content) legal limit for drinking and driving.
False Readings and Other Problems
Breathalyzers are not full proof. The best means for seeing if you are under the influence of alcohol and/or drugs is a blood test. Alcohol goes into your blood, not your urine. The blood test is also more effective than the breathalyzer itself. False readings are common enough to be a problem, as the officer giving the test may read it incorrectly if not use the device wrong. This is not always their fault; the breathalyzer requires some guess work. Because of this, defenses can be based on incorrect usage of the breathalyzer.
Defending a Positive Breathalyzer Test
Legally, all states bind you to taking the breathalyzer tests. If you refuse the breathalyzer, you can expect immediate penalties. Usually, your license is automatically suspended, and you may get further penalties. If the arresting officer believes you are clearly over the limit, he or she can still legally arrest you. If you take the breathalyzer and it comes up positive, the game is not over. The breathalyzer, as noted, is a device with great potential for error. If your BAC level is very close to the legal limit, your defense can be based on whether you truly were drinking and driving. Since the breathalyzer isn't full proof, typically other evidence such as blood tests are brought. In any DUI defense, you need an experienced attorney.
If you were recently pulled over and failed a breathalyzer, you may feel the game is up. You won't be able to drive for some time, you'll pay large fines, worse yet you may even have some jail time. Actually, a strong DUI defense can at the least limit the penalties you receive, if not stop them entirely. In order to get help with DUI defense, you need a DUI attorney. You want a specialist who can take the time to spend on your case, defend you in court, and fight for your rights if mistakes were made.