Have you ever been asked to take a breathalyzer test? When faced with pressure by a police officer, a breathalyzer test can seem daunting and final. However, what many people don’t realize is that the results of a breathalyzer aren’t usually irrefutable. Before being put in a situation where you are asked to take a breathalyzer test, read on for a few basic facts that will help you understand the test and your rights.
Breathalyzer Tests & Inaccuracies
A breathalyzer test indirectly measures the blood alcohol content (BAC) by measuring any ethanol present in the breath of the person being tested. Because this test does not directly test the blood for alcohol content, there is a lot of room for inaccuracies, especially with older machines or those that have not been recently calibrated.
Even if a breathalyzer test’s results show a driver as being above the legal limit for blood alcohol content, there are a number of possibilities for inaccuracies in the results. It is important that police departments test their equipment regularly to ensure that all breathalyzers are working properly. However, this is often not the case. That means that if you are tested with a malfunctioning breathalyzer, it may come back with results saying that you are intoxicated even if that is not the case.
If you are asked to take a breathalyzer test by a police officer, you do have the right to refuse. However, refusal to take the test can result in the revocation of your license. If the officer arrests you with the charge of a DUI, they will require you to then take either a breathalyzer, urine, or blood test to check your alcohol levels. If you are charged with a DUI, the best thing you can do to help your case is to work with an experienced DUI lawyer who understands the laws and the potential problems of a breathalyzer test. Your DUI lawyer can gather evidence for you to help refute the DUI charges.