What Are Field Tests and Breathalyzers?

Beating a Breath Test

Evidence of breath tests often assist in convicting drivers arrested for DUI charges. However, they are not always accurate. There are some tricks that may assist in beating these tests.

Blood and Breath Tests Explained

Testing of blood and breath are standard procedures police officers use to analyze the blood alcohol content of a driver when there is suspicion of DUI. These tests are not always reliable, and there are other factors that assist in determining if a case against an individual is valid.

Breathalyzer Test - Do I Have a Right to Refuse

Breathalyzer Tests - Is There a Right to Counsel Before Agreeing to Take the Test?

In the usual circumstances, a driver suspected of operating a vehicle while under the influence of drugs or alcohol may have the right to contact a lawyer over the phone before taking a breathalyzer test. However, these situations may not arise in all states throughout the country, and the driver may face taking the test even if he or she refuses initially.

Deciding Whether or Not to Take DUI Tests

When a person is pulled over for suspicion of drunk driving, he or she may be asked to take part in a number of different tests. Whether or not the person should take such a test depends on whether or not he or she was drinking, his or her perceived BAC level, state law and comfort level.

DUI and Field Sobriety Tests

Behavior when being pulled over for a possible DUI violation may make the difference in whether a person is ultimately arrested or not. It is important to know what to do when being pulled over, and whether or not to allow a field sobriety test.

DUI Breath Tests and Foreign Substances

Alcohol is not the only substance that may result in a positive breath test. Some medications, for example, may cause the BAC levels to show a much higher number than is actually passing through the bloodstream.

DUI Breathalyzer Requirements

For many, knowing whether it is required to breathe into a breathalyzer machine is unknown. Some lawyers may say there is no right answer, but in many states, refusal to do so results in a suspension of the driver’s license. It is best to contact a lawyer for any questions regarding the legality of this process.

DUI Conviction May Still Occur When Passing a Breathalyzer Test

There are multiple pieces of evidence that the prosecution relies on when convicting a person of DUI charges. A breathalyzer is only one of these methods. Passing this does not necessarily ensure a driver will not be convicted of a DUI.

DUI Testing Common Flaws

Many DUI cases have substantial evidence in the prosecution to attempt to convict the driver involved. However, there are various ways to challenge the evidence based on common flaws that it may have.

For DUI, Are Field Sobriety Tests Admissible?

Some ways law enforcement officers may determine if a driver is impaired are through a standard breath test or a sobriety test. However, these tests are not always reliable. The question then becomes one of admissibility in court.

Legal Ramifications of Pocket Breathalyzers

With the march of modern technology ever forward, interesting new gadgets find their ways into our pockets. Take, for example, the rise of recent gadgets to help keep intoxicated drivers off the road. Of course, when technology makes its way into our lives, the law is often not far behind. So how will pocket breathalyzers affect the law?

Refusing a Field Sobriety Test

Almost every time a driver is stopped when there is suspicion that a DUI is being violated, the police officer asks if he or she would be willing to participate in a Standard Field Sobriety Test. There are reasons why this request should be refused.

3 Reasons Why a DUI Blood Test Might Be Incorrect

If a person is pulled over on suspicion of DUI, he or she may be asked to give a blood alcohol test. In some states, all drivers must agree to consent to such tests as a condition of receiving a driver’s license in that state.

Gender Impact Regarding Blood-Alcohol Content with DUI Cases

Because male and female bodies are affected differently by alcohol, each may have a different blood alcohol content after consuming the same amount of alcohol. Women usually have a higher BAC percentage, and it is important to avoid a DUI case by being aware of this information.

What Is a Portable Breath Test, and Do I have to Take It?

When police officers have some suspicion that the driver on the road has consumed alcohol, it is possible to administer a portable breath test. In many of these situations, the individual suspected of alcohol consumption may refuse to take the portable breath test, but this could lead to automatic and immediate consequences.

Acid Reflux Disease (GERD) and Its Effect on DUI

Gastroesophageal reflux disease (GERD) is caused by acid reflux syndrome. This medical issue may affect a DUI with a breathalyzer. It is important to know how this affects charges and cases. Some gases may affect the results when taking a breathalyzer test, and some traces of alcohol may remain present longer when the alcohol content in the blood has already dissipated enough to fall below the national legal limit of .08 percent.

Can You Challenge Breathalyzer Results?

Breathalyzer results for testing when the driver is under suspicion of driving while drinking may have inaccuracies, problems with calibrations or untrained police using the device to invalidate the results. It is imprint that the lawyer knows all the details about the situation and the arrest to properly refute these tests.

Challenging DUI Test Results

In addition to the testimony of the arresting officer’s observations, the prosecution may introduce evidence during a DUI trial regarding test results that implicate the defendant. However, a number of test results may be challenged during the course of the defense.

Defects with Breathalyzer Tests Past and Present

Breathalyzers are a controversial subject when applied to DUI cases. There are many instances of effectiveness and validity, but some are not used in court because of flaws inherent in the devices.