Proving My Case In Court

If you've had a to take a breathalyzer screening, it can be a stressful experience. By understanding how breathalyzers work, and how they're maintained, you will be able to understand their role in your case better.

Breathalyzer Tests Have A Lot Of Clout

When a breathalyzer is administered if you have anything over a certain blood alcohol limit, you will receive a DUI. In some states, having a positive breathalyzer test is as good as being guilty.

You may think it would be easier to refuse testing, but in many cases, it's better to not refuse a breathalyzer. Many states operate under the idea of implied consent to breathalyzer tests. The idea is that by being given the privilege to drive, you've consented to a breathalyzer test should the need arise. If you happen to refuse, your state can place heavy penalties on you including suspending your license or jail time.

In some states, you can be forced to submit to DUI testing through a warrant through no-refusal enforcement. In these states, officers are quickly and electronically able to obtain warrants to make a suspect submit to testing.

Breathalyzer Systems Undergo Equipment Checks

For a breathalyzer test to be admissible as evidence, the burden of proof rests on the prosecution. They must prove that the system was functioning at the time of the test. This is usually done through maintenance records for a set period of time. However, if the maintenance records show a lot of repair work at the time the breathalyzer was taken, it can be hard for the prosecution to prove it was fully functioning at the time of the test. In some cases, if the breathalyzer system is proven to be faulty, the test results can be thrown out.

Hand Sanitizer Can Affect Your Results

Having to take a breathalyzer is stressful enough, but what if you knew hand sanitizer can affect your results? It can. In some cases, using an alcohol-based hand sanitizer shortly before taking a breathalyzer can be enough to tip your alcohol blood limit over the legal limit.

If there's hand sanitizer on someone's hands when they remove the mouthpiece from the bag and attach it to the unit, it can result in a false positive. In many cases, the alcohol on the mouthpiece will be present when the suspect takes the breathalyzer and artificially inflate their blood alcohol count.

You Should Contact A Lawyer

If you're facing DUI charges, you should contact an attorney that specializes in handling DUI cases. They will be able to help you navigate the legal system, especially in cases where your breathalyzer results may be inaccurate. 

Contact a company like Pollack & Ball LLC for more information and assistance.