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When a breathalyzer test results in a DUI

On Behalf of | Jul 21, 2020 | Drunk Driving

Blood alcohol content is the basic standard of measuring someone’s level of intoxication despite how inebriated the individual really is. The less someone weighs, the less it takes for a person to hit the legal limit of 0.08. This can make it a shock for someone who learns this after blowing a 0.09 after only a few drinks and feeling that it’s had little effect. That is how easy it can be to get your first DUI, which can lead to fines and other penalties.

Could the breathalyzer be wrong?

An improperly calibrated breathalyzer can produce results that can not be used to assert intoxication, making this a common defense sought by attorneys. If the results are deemed inadmissible, then the arresting officer will need to prove that the driving was impaired.

Can the breathalyzer be beaten?

Not really. Breathalyzers work by measuring the vapors released into the lungs after the alcohol has hit the bloodstream. Since the source is actually the lungs, not the stomach or saliva, common theories on how to attempt to derail the results, such as eating certain foods or drinking coffee, have no actual effect. Breath sprays or mouthwashes containing alcohol could actually give a higher BAC result.

How can you get help with a DUI?

A skilled criminal law attorney can help to argue that administration of breathalyzer or sobriety tests was inadequate. The attorney may even assert that recently consumed alcohol may have only led to being above the threshold due to having been stopped for the test. An experienced attorney can help ensure you get the best possible outcome for your DUI case.