Breathalyzer Tests And DUI

Published: 24th November 2011
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If you have been arrested on suspicion of DUI and given a breathalyzer test, you should make contact with a DUI lawyer right away to safeguard your rights. DUI is a serious charge which can have serious consequences if you are convicted. Drunk driving shows a complete disregard for the lives of others on the road. Because of this, a DUI conviction can carry with it stiff penalties which include time in jail and fines. Competent legal representation is required of all DUI defendants if they wish to see a successful outcome to their cases. One of the tools that the police will make use of to ascertain intoxication is a thing known as the breathalyzer.

Just What Is A Breathalyzer?

A breathalyzer is basically an instrument that analyzes your breath to determine the amount of blood alcohol within your body. Normally the field sobriety test that is administered on the side of the highway when you're pulled over on suspicion of DUI is the breathalyzer test. You'll exhale straight into the breathalyzer device, then an electrochemical fuel cell is used to identify if there is any alcohol contained in the exhaled air. The results of this test are used to determine whether you're intoxicated or not. These results will have a huge impact on your case whenever you end up having a drunk driving charge.


It is likely that you will be given a breathalyzer test if you're stopped on suspicion of DUI. You are legally required to take this test if you are requested to do this by the peace officer, and refusing to do so may lead you to be arrested anyway. You will be charged with DUI and taken into jail in the event you fail the breathalyzer test. Your license is going to be suspended and can only be reinstated after having a hearing together with the Department of Motor Vehicles. These include but a couple of the consequences that you will have for failing the breathalyzer test or for refusing to undergo the test.

Breathalyzer Tests And Your DUI Case

The results of your DUI case and whether or not the prosecution convicts you of DUI will be influenced heavily by the lawyer you will choose to advocate for you. The best result can be proportional to the defense that your DUI lawyer puts on for your case. A possible defense to DUI is to investigate the apparatus that was utilized to administer the breathalyzer, and also to question the results of your test. The gear that is used to administer the breathalyzer isn't foolproof. The breathalyzer equipment is quite sensitive and needs to be maintained properly with a regular schedule to operate perfectly. If maintenance of the breathalyzer was overlooked or if it wasn't taken care of in the way that the manufacturer intended, your attorney has an opportunity to challenge the test results. Further, there are substances that can cause your breathalyzer results to be erroneous. When your lawyer is formulating your case he will delve into all instances that might be true in your case.


Contacting A DUI Attorney

It is important to speak to your DUI lawyer as soon as you possibly can once you've been arrested. Avoid giving any statements to the arresting officer or investigators without your lawyer present. Everything you say now can definitely impact the final results of your DUI case.

The breathalyzer tests might be the cornerstone of the prosecution's case against you. Discussing the options for defense together with your DUI lawyer is essential in the favorable outcome of your case.


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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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