Should I Submit to the Breathalyzer?

Author: Cooper Hill

It’s been said many times, that if you’re stopped for a DUI, don’t take the Breathalyzer test and they won’t be able to convict you, but is that really true? When questioning whether you should take a Breathalyzer test when pulled over for a DUI, there are many opinions. The answer is not always straightforward and may also depend on the state.

You can refuse to take a Breathalyzer, but it may not be in your best interests. For example, if you live in Texas, you can refuse to submit to a Breathalyzer, but by refusing, you violate the implied consent law, which states that by driving a motor vehicle on Texas roads, you have already consented to chemical testing. In short, your driver’s license may be suspended and charges assessed against you. In Rhode Island, if you refuse the Breathalyzer test, your license and/or privilege to drive will be automatically suspended after the arraignment. Also, if you refuse the test, your chances of winning your case are very slim. If you live in the state of Massachusetts, under the new law (Melanie’s Law) all operators must consent to a breath test if they drive in Massachusetts. If you are pulled over for a DUI and refuse to take the Breathalyzer, it automatically results in a driver’s license suspension for 180 days for a first offense and can extend to forever depending on your previous driving history. The refusal can also be used as evidence at a trial. In Arizona you will automatically lose your license for a couple months, and then if you want to get it back you will have to get an interlock device (breathalyzer) put in your car.

In just about every state, even if you refuse a Breathalyzer test, a police officer can take you against your will to the hospital to have blood drawn. A Police Officer can only force you to take a Breathalyzer under a few circumstances. If there is a DWI arrest and an accident; if the officer has a reasonable belief that someone has died or will die as a result of the accident; an individual besides the offender has suffered serious bodily injury; the individual arrested for DUI refused to give a specimen voluntarily. The implied consent gives law enforcement the right to demand the test. In addition, refusing to take a Breathalyzer is a separate offense. In most states, you will in all likelihood lose your license for longer than if you had taken the test and failed it. In New Jersey, if you fail a Breathalyzer and are found guilty of a DUI, you would probably lose your license for three months. If you refuse the Breathalyzer and are found guilty of DUI, you would probably lose your license for an average of ten months. If you’ve taken a Breathalyzer, there is no question that a Breathalyzer test is the strongest evidence in a DUI case. If you want to keep your driver’s license you may be better off if you submit to the test.

Article Source: http://www.articlesbase.com/automotive-articles/should-i-submit-to-the-breathalyzer-978406.html

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Breathalyzer Disaster – A DUI After Just One Drink?

 by: Archie Allan
 
Did you know that you could be charged with a DUI after having just one drink? It’s absolutely true. And once you read this article, you’ll understand why you could be at risk for a DUI and what you can do about it.

“Just One” Cold Beer

After a tiring day at the office you stop off at the local watering hole for just one cold beer. You don’t want to be late for dinner so you finish your beer, throw some cash on the bar and leave.

Two minutes later on your way home you make a right turn at busy intersection but… you forget to use your turn signal. The next thing you know there’s a patrol car with flashing lights on top right behind you. With a sinking feeling in your gut you slowly pull off to the side of the road.

As officer Miranda leans over to ask for your driver’s license and registration, that wonderful hoppy smell of beer that you love so much hits his olfactory nerve and the next thing you know you are blowing into a breathalyzer.

After just one beer you’re sure you’ll be well under the legal limit but you are horrified to see the results of the breathalyzer reading: .095. That’s .015 over the legal limit which is .08 BAC (blood alcohol concentration) in all 50 states.

Guess what.

Your life is about to change. For the worse. Big time.

Here’s what happened and how you can avoid a false positive breathalyzer reading.

It takes about 15 to 20 minutes for the alcohol in your mouth to be completely absorbed and enter into your blood stream. A breathalyzer is calibrated to read a deep lung breath sample. If you blow into it shortly after taking a drink, the breathalyzer will get a direct blast of alcohol from your mouth before it has been completely absorbed and the BAC reading will be inaccurately high.

Since the alcohol residue remains in your mouth for several minutes after you’ve had your last sip it is crucial that you wait at least 15 and preferably 20 minutes before testing with a breathalyzer.

If you own a personal breathalyzer you will note that the instructions indicate that you wait 20 minutes before using your breathalyzer. That is the reason why.

Now back to officer Miranda and our one-beer-and-over-the-limit situation. The fact is that most police officers will wait and observe a person for 20 minutes before administering a breathalyzer test. But you should be aware that if they don’t wait, your breathalyzer BAC reading could be inaccurately high resulting in an arrest. You have the right to request that a breathalyzer test be given only after a 20 minute wait.

A personal breathalyzer can be a great tool to educate you and your friends about the effects of alcohol. They can help you or someone you care about “know their limits”. For information, images and sale prices on FDA/DOT approved, professional quality breathalyzers go to www.BreathalyzersUSA.com

Be Safe. Know Your Limits. Don’t Drink and Drive.

About The Author

Archie Allan is the CEO of Tartan Innovations, a safety information and products company. You can learn more about specific breathalyzer models with pictures, detailed information and sale prices at http://www.BreathalyzersUSA.com.