Everyone has heard horror stories from DUI accident attorneys about taking a blood alcohol tests and field sobriety tests, whether it’s a friend, family member, or coworker. But, one of the most important things to remember is that being pulled over after having a few drinks isn’t the end of the world.
This article courtesy of the accident lawyer experts at Accidents.com.
In fact, there are many misconceptions about a Breathalyzer test that can actually work out in your favor. The good news is, it’s not a hopeless cause because these tests can be faulty and most experts even believe results can vary by as much as 12 percent.
Here are some of the top myths about breath alcohol tests – and what you really need to know:
Myth #1: Anyone can administer a Breathalyzer test.
Wrong. Actually, every person who administers a Breathalyzer test must be certified. If they’re not, and it’s proven, the evidence can be thrown out of court and considered invalid. Ask your lawyer to request proof of the testing officer’s certification.
Myth #2: Any Breathalyzer instrument will work.
This is also incorrect. All instruments used for breath alcohol tests must be approved and listed on the Federal List of Approved Breath Evidential Instruments. If you later discover the instrument wasn’t on this list, the evidence may be considered invalid in the court of law.
Myth #3: The device only detects alcoholic beverages.
This is one of the biggest reasons Breathalyzers can be considered invalid. They can also detect what’s known as “mouth alcohol” from cold medicine, mouthwash, cough syrup and more. Additionally, individuals who work in factories or manufacturing facilities may blow at a higher level due to the paint fumes, dry cleaning fumes, or gasoline they’ve ingested earlier in the day.
Myth #4: I should avoid burping while taking the test.
In all reality, this could actually work to your benefit. Burping or vomiting immediately before or during the test requires the officer to start the test over. Why? Because each of these acts can contaminate your mouth and thus effect the end results.
Myth #5: If I blew a .08, I’ll be automatically convicted of a DUI.
As mentioned above, many factors play into the results of a Breathalyzer test, and one of the biggest things is post-driving alcohol absorption. In order for your test results to be used against you, the opposing side must prove your BAC at the time of driving. If you consumed a couple drinks immediately prior to driving, this could cause your BAC to read higher than your actual level.
The final decision of whether or not you’re guilty of a DUI depends on the jury and judge in your case – but, knowing each of these factors can help influence the outcome, so consider them when entering into a trial.
