Anyone that has been stopped and arrested for a DUI charge is likely to find the entire process to be very difficult and stressful. In order to prove a person is driving under the influence, the law enforcement official that made the stop has a choice of requesting the driver to have a roadside sobriety test or use a breathalyzer. A first course of action might be the sobriety test that 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 alternative used is the breathalyzer. A field breathalyzer is quick to use and essentially involves breathing air into a device that is analyzed to ascertain whether of not the driver has consumed too much alcohol to be on the street.
While the breath analysis is the favored method to test the concentration of blood alcohol at 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 alternative, since it is administered in the correct fashion.
The breathalyzer tests aren’t complicated and a useful piece of mobile kit to test a sample, but the outcome generated by this device might not be as dependable as the authorities would like you to think. 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 lots of people able to consume quite a lot and not be drunk.
Even though the test may give a positive indication that the BAC reading is high, this doesn’t really confirm the driver was under the influence of alcohol while in control of their car.
Scientific studies have happened in relation to the accuracy of the breath alcohol tests, and their conclusion was that they’re inherently unreliable. These studies have indicated that the breath readings may be up to 15% beyond the true blood alcohol levels.
So, in the event of being stopped for a DUI charge, you do not really want the result from a breathalyzer to be the defining factor that decides the sentence issued. The best strategy is to get in contact with a skilled and respectable DUI attorney who is able to use their understanding of the law to help fight this crime.
There are situations where the sentence given is more acute, such as having a slight 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 attorney will bear in mind that there could be several theoretical and operational issues. There are a number of factors that can lead to the outcomes of blood-alcohol analysis being considered unreliable, and try to show that this sort of data isn’t sufficient to prosecute. By using a lawyer it’s possible to get the get outcome with a situation either closed or a sentence kept to a minimum.