To Take or Not Take the Breath Test
That is the question many have asked when it comes to a DUI. We’ll help you break down the facts and determine whether or not you made the best decision.
A Breathalyzer test is used to determine a person’s BAC or blood alcohol content. It does this by reading the ethanol on a person’s breath. Ethanol is a key ingredient used in alcohol.
Police officers like to utilize the breathalyzer test when pulling over someone suspected of drunk driving. This is because the machine is portable and is fairly easy to administer during the traffic stop.
The Breathalyzer is a machine with a tube, which a person would blow into. It will detect if there is any alcohol on your breath by producing digital reading. If you blow over the legal limit (usually .08) the officer can arrest you for DUI.
However, just because the Breathalyzer produced a reading that made you fail, that does not necessarily mean that you failed. Many things can cause a false reading. If you took cough syrup or used a breath mint, this can produce a reading.
Also, the Breathalyzer test can be tricky to use and only someone with the proper training should administer the test. And the test may not be functioning properly. Your DUI defense attorney will take all of these things into consideration when defending you.
So back to the tricky question - should you take the test or not take the test if requested by law enforcement? The short answer is you should take the test. That is because every state has implied consent laws. Since you have a driver’s license, you have already consented to giving a chemical test if asked by a police officer.
Some states will automatically suspend your license if you refuse to take the test. Yet some states simply will cite you with uncooperative behavior.
The best thing you can do is speak with your DUI attorney. He or she will know your case inside and out and know the best way to defend you.