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DUI And Breathalyzer Tests

By Autumn Lockwood

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Published: 02Oct2011
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If you have been arrested on suspicion of DUI and given a breathalyzer test, you need to contact a DUI lawyer right away to protect your rights. DUI is a serious charge that can have serious consequences if you are convicted. Drunk driving shows a total disregard for the lives of others on the road. Because of this, a DUI conviction can carry with it stiff penalties that include jail time and fines. Competent legal representation is required of all DUI defendants if they wish to see a successful outcome to their cases. One tool that the police have at their disposal to determine intoxication is the breathalyzer.

How Does A Breathalyzer Work?

A breathalyzer is basically an instrument that analyzes your breath to determine the amount of blood alcohol within your body. A breathalyzer test is usually administered as a field sobriety test when you are pulled over on the roadway on suspicion of DUI. You exhale into the device and an electrochemical fuel cell identifies the presence of alcohol or the absence of alcohol within the exhaled air. The results of the breathalyzer test are used to determine whether or not you are intoxicated. And those same results can really impact the case against you when you are charged with drunk driving.

If you are stopped on suspicion of DUI, you will likely be given a breathalyzer test. You are legally required to take this test if you are asked to do so by a peace officer, and refusing to do so may cause you to be arrested anyway. If you fail the breathalyzer, you will be charged with DUI and taken to jail. Your license will be suspended and will only be reinstated after a hearing with the Department of Motor Vehicles. These are just two of the consequences of failing a breathalyzer or refusing to submit to a breathalyzer test.

Breathalyzer Tests And Your DUI Case

The outcome of your DUI case and whether or not the prosecution convicts you of DUI will be influenced heavily by the lawyer that you choose to advocate for you. A good outcome is directly related to the defense that your DUI lawyer puts on for your case. A possible defense to DUI is to investigate the equipment that was used to administer the breathalyzer, and to question the results of the test. Breathalyzer equipment is not foolproof. This type of equipment is sensitive and requires proper maintenance on a regular schedule in order to work perfectly. If the breathalyzer was not cared for as the manufacturer intended, or if maintenance was overlooked, your attorney has a window to challenge the results of the test. Further, there are substances that can cause your breathalyzer results to be erroneous. Your lawyer will look at all possible instances that might be true in your case when formulating a defense for you.

Contacting A DUI Lawyer

Contacting your DUI lawyer as soon as possible following your arrest is important. Avoid giving any statements to the arresting officer or investigators without your lawyer present. What you say now can definitely impact the results of your DUI case.

Breathalyzer tests can be a cornerstone in the prosecution's DUI case against you. Discussing your options for defense with your DUI lawyer is important to the favorable outcome of your case.

If you need an excellent Sacramento DUI attorney then check out the Law Offices of Brianne Doyle or call her at 916-806-6400. She's the one to call if you need a top notch Sacramento DUI lawyer who can help you get through your DUI arrest.

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