Breathalyzer Test

Drunk Driving & DWI conviction

Breathalyzer Test - Take Or Refuse?

You had a big time at the party over the weekend and now you are stopped by the police and asked for the breathalyzer test. Should you do it or not on the spot? Or you might want to beat DUI machine as it sounds like a bad idea after such a good mood and it will ruin everything in no second.
In most states, there are usually two typed of breathalyzer tests. First one is portable breathalyzer test and it is not admissible in any criminal proceeding at the court. The other one is breathalyzer tests that are administered once you get arrested for DUI conviction and you are taken into the jail.

You will have to consider the following factors when this happens:
- How many bottles of alcohol did you consume prior to driving?
- What kind of drink did you have and the percentage of alcohol per one bottle?
- How many hours have elapsed since your last drink?
- Have you eaten any foods during the alcohol consumption?
- Were there any other drinks or materials such as drugs that stimulated your mood, but would eventually impact your driving ability?

When the police officer stopped you and asked for the breathalyzer test, he/she would have thought or had a strong belief that you were under the influence of intoxication of some kind. Typically he/she would either have noticed your slurred speech while you were talking or have smelled alcohol from your breath every time you exhaled. The next steps would be to ask you the field sobriety test on the spot which would give you the chance of defending yourself if you were not truly drunk. If you were able to pass breathalyzer alcohol test, then you have full rights to bring up an argument that the officer would not have legitimate cause to arrest you and the case could be dismissed for insufficient evidence.

After the police officer arrested you for a DUI case, you will probably be taken to the police station while being handcuffed in the car. Your car will be towed away at your own cost that you will have to pay if you want it back later. Then the officer will read the motorist warning statement and try to coerce you in taking the breathalyzer test upon your agreement. At that point, if you take the test then you will most likely be giving the strongest evidence regarding your arrest for DUI case. Once the test is taken and the gauge window shows the number that is greater than .08, then your license will be automatically suspended for 6 months. You may be able to drive another 30 days after this license suspension, but the chance of DUI conviction will rise due to the result of the breathalyzer test.

In case you refused the test and there is no official record or proof of evidence at the station, then the state can’t proceed further on your case and you are in better situation. Your license may be suspended for full one year, but you could still drive with a BAIID device in your vehicle for about 11 months.

When you are stopped by the police while driving on the road, the best course of action would be to politely refuse to take any kind of field sobriety test. That way you could avoid DUI conviction and any further complex issues. Even if your license would be suspended for a while, the state will have difficult time for proving your case of driving under the influence such as alcohol or other drugs.


Check out DUI Arrest Statistics and its own regulations

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