| The breathalyzer test is one of the most difficult | | | | Yet another fallacy is that the officer can cause the |
| aspects of a DUI or Driving Under the Influence charge | | | | machine to register a higher BAC than is actually |
| to overcome. If you've blown into the machine during a | | | | present in the person suspected of driving under the |
| suspected DUI traffic stop and your Blood Alcohol | | | | influence. The days of "dialing up a drunk" on the old |
| Content (BAC) is over the legal limit, you'll definitely be | | | | machines are over. The modern digital breathalyzers |
| charged with DUI. | | | | are made to be tamper-proof. |
| There are several myths surrounding the breathalyzer | | | | A breathalyzer test is much more difficult to |
| and the potential to beat it despite being intoxicated. A | | | | overcome in court than are field sobriety tests. Your |
| lot of folks depend on beating the breathalyzer only to | | | | attorney can attack the breathalyzer if he can show |
| find out in court that what they believed were ways to | | | | that the test solution wasn't used on schedule, they |
| do so, in reality did not affect the breathalyzers results. | | | | can point out an officer's lack of required training, or |
| Sitting in court is not the time you want to find that out. | | | | that the test wasn't given soon enough after the |
| One of the more common breathalyzer myths is that | | | | arrest. The chances of success here are slim but a |
| if you put a penny in your mouth the test won't be | | | | good attorney can make all the difference. |
| accurate. The fact of the matter is that a police officer | | | | Field sobriety tests are much easier to defeat in court |
| will make sure you haven't had anything in your mouth | | | | than the breathalyzer. The National Highway Traffic |
| for twenty minutes prior to your being tested. A penny, | | | | Safety Administration studied field sobriety tests and |
| gum, or just about anything in your mouth will invalidate | | | | developed a series of three, being the Horizontal Gaze |
| the test, but the first thing a well trained police officer | | | | Nystagmus, One Leg Stand and Walk and Turn tests, |
| will do is to make certain that there is nothing in your | | | | that if properly administered will allow an officer with a |
| mouth. | | | | statistically high degree of success to show that a |
| Another common myth is that you can defeat the test | | | | person's BAC is at least .10. |
| by not blowing into the tube while pretending that you | | | | DUI attorneys can attack these tests in several ways. |
| are, causing the machine to register your breath as | | | | These include the officer not being adequately trained, |
| free of alcohol. The breathalyzer analyzes the amount | | | | the tests were not given in the prescribed manner, and |
| of breath being taken in and alerts the officer if there's | | | | that the officer misinterpreted the results. The |
| not enough air flow. If someone taking the test keeps | | | | possibility of human error on the officer's part is much |
| pretending to blow but doesn't, the officer will | | | | greater than with the use of the breathalyzer. |
| eventually designate that the test was refused. | | | | |