Anyone that has been stopped and arrested for a DUI charge is likely to find the entire process to be very difficult and stressful. Plus, with the reported increase in accidents involving drivers under the influence of alcohol or illegal substance, the authorities are making every effort to prosecute all offenders. In order to prove a person is driving under the influence, the law enforcement official that made the stop has a choice of asking the driver to take a roadside sobriety test or use a breathalyzer. A first course of action may be the sobriety test which involves simple tests like walking in a straight line, lifting one foot off the ground, touch the tip of your nose, etc.
But, these tests aren’t entirely reliable and the most common option used is the breathalyzer. A field breathalyzer is quick to use and basically involves breathing air into a device that is analyzed to determine whether of not the driver has consumed too much alcohol to be on the road.
While the breath analysis is the favored method to test the concentration of blood alcohol in a roadside stop, they are nowhere near as reliable or accurate as blood tests. But, for the case of DUI investigations, it is seen as an acceptable option, provided it is administered in the correct fashion.
The breathalyzer tests aren’t complicated and a useful piece of portable kit to analyze a sample, but the result generated by this device may not be as reliable as the authorities would like you to believe. In fact, it has been reported that neither the spectroscopic BAC (Blood Alcohol Content) test nor the breathalyzer test is 100% trustworthy. This mostly relates to alcohol not affecting everyone the same, with many people able to consume quite a lot and still not be drunk.
Even though the test can give a positive indication that the BAC reading is high, this doesn’t actually confirm the driver was under the influence of alcohol while in control of their vehicle.
Scientific studies have taken place in relation to the accuracy of the breath alcohol tests, and their conclusion was that they are inherently unreliable. These studies have indicated that the breath readings can be up to 15% outside of the true blood alcohol levels.
So, in the event of being stopped for a DUI charge, you don’t really want the result from a breathalyzer to be the defining factor that determines the sentence issued. The best course of action is to get in touch with a skilled and reputable DUI attorney who is able to use their knowledge of the law to help fight this offense.
A DUI charge is a serious offense that has the potential to lead to a variety of legal consequences, which can include a period of prison time, attending alcohol or drug awareness classes, taking part in community service, having to pay a high fine, or the loss of your driver’s license. There are situations where the sentence given is more severe, such as having a minor on-board at the time or not being a first offense.
In the approach to defend the DUI charge that involves a breath analysis, any qualified criminal defense lawyer will be aware that there could be several operational and theoretical issues. There are a variety of factors that can lead to the results of blood-alcohol analysis being regarded as unreliable, and attempt to show that this type of data isn’t enough to prosecute. By using a lawyer it is possible to get the get outcome with a case either closed or a sentence kept to a minimum.