In order to request that you take a breath test or other chemical BAC test, the police officer on the scene must establish reasonable grounds for suspicion of intoxication.
To do this, you will be asked to undergo one or more Field Sobriety tests. These tests are simple, physical tests to see if you may be under the influence or capable of driving safely.
It is certainly possible to fail these tests for reasons other than intoxication, but the officer is not making a medical judgment, just a professional one as to whether a chemical test should also be administered.
What should you do? Although you are not required to participate in field sobriety testing, it is generally advisable to cooperate with the officer. If you believe you may be charged with a DUI, contact Ronald Makoski for your FREE consultation and evaluation.
The most common chemical test for intoxication is breath testing, commonly referred to as a “Breathalyzer” or “Intoxilizer.” It is used to estimate blood-alcohol content at the scene. Depending on their make, these devices use chemical reactions or infrared spectroscopy to measure the alcohol level in your breath (as you blow into a tube).
At the time of your arrest, you may also be asked to breathe into a portable Breathalyzer (PBT). These devices are used to estimate Blood Alcohol Content at the scene.
Although a Breath Test sounds very scientific, for the results to be used in court, several criteria must be met. The machine must be properly calibrated; the operator must be certified; there must be a 20-minute observation period prior to the testing, and two breath samples must be taken in prescribed period of time.
Keep in mind that if you have been charged with a DUI, your opinion on whether the officer was properly trained, administered the tests correctly, or used a properly calibrated breath testing device mean nothing.
Only an experienced lawyer can effectively challenge the tests that resulted in your DUI, or even know if making a challenge in your case is warranted.
To learn more, contact Ronald Makoski to schedule your FREE consultation. He has helped thousands, just like you.