DUI/DWI OUI Breath Test

In the U.S., most states have enacted some sort of Implied Consent law, which makes it a crime to refuse to submit to a breath test if police suspect that you are drinking and driving. Police officers use Breathalyzer machines to determine a driver’s blood alcohol content (BAC). In every state, it is illegal to drive with a blood alcohol content of .08% or higher.

While breath test results can be used against a driver in the court of law, there are many flaws that surround DUI breath tests. For example, even the most up-to-date breathalyzer machines simple read the alcohol concentration found in your blood. This test does not take into account certain factors such as your gender, your weight and the speed at which your body can metabolize alcohol when compared to an average person.

And like any other machine ever created, malfunctions can and will happen. Perhaps the breath test machine was not working properly at the time and therefore your results read much higher than they actually were. The police officer that administered your breath test must have also undergone proper training on that particular machine. Other factors that may contribute to an inaccurate breath test sample are: the way it was handled, if you were exposed to certain chemicals or if you had trace amounts of alcohol on your breath from mints, cough syrup or mouth wash.

You should also find out if your state makes it legal for you to seek an independent breath test sample. Any independent breath test sample you seek can be compared to your first breath test. If your test results differ greatly, you can use this as evidence in your favor. The state is also required to properly handle and save your second breath test sample should you seek one. If they fail to do so, then you may able to rebut the evidence against you.

If you have recently been arrested for DUI due to your breath test results, you should seek an experienced DUI attorney. An attorney can uncover any wrongdoings should they have occurred.