Should I submit to a Breathalyzer?
Well, breathalyzers are the number one tool in a police officer's arsenal and many consider them to be the most reliable and consistent test used to find out your blood alcohol content. They are consistently used and considered in courts to be the most accurate reading of someone's blood alcohol content. Police officers use them to tell if a driver is drunk or not and then to subsequently arrest them if the breathalyzer deems them to have a blood alcohol level higher than that of . 08 (the legal limit of all states).
In essence, breathalyzers are trusted and used as commonplace, but just because authorities trust them, does not mean that you should. A breathalyzer does not actually read your blood alcohol content, it only estimates your blood alcohol content. A breathalyzer attempts measure the level of alcohol in your breath, converting your breath alcohol content into blood alcohol content. While this method is accepted as fact, it will still always be just an educated guess.
But that isn't even the worst of it, to make it even more of just a guess, a breathalyzer operates on a set of assumptions stating that every human being is the same. In order for it to convert your breath alcohol content into blood alcohol content, it assume a standard ratio of 2,100 to 1 between blood alcohol content and breath alcohol content. This ratio, being as standardized as it is, assumes that the person it is testing is an average person in terms of factors relating to the test, such as age, weight, health, and even gender
Usually a heavy--weighted older male can drink a lot more than a lighter young female and still get a legal reading. Certain studies show that the ratio of blood alcohol content to breath alcohol content varies from person to person, anywhere from 1,700 to 1 all the way to 2,400 to 1, showing that making the assumption that every person's ratio is 2,100 to 1 is not only absurd, it's an injustice.
This makes the breathalyzer an inaccurate instrument that will lead to false results a lot of the times.
With this in mind, it would seem that there is no good reason to take a breathalyzer test if you were stopped, and for a while, there was none, until most states started to implement a new law called the implied consent law making driving a privilege and also making it illegal to decline the test
The usual punishment for breaking this law is a suspension of your drivers' license for a set amount of time, anywhere from thirty days to one-hundred and eighty days and a small amount of jail time, and sometimes they even make you take a different test such as drawing blood from you, measuring your blood alcohol content, and if you fail that, they will charge you with both crimes.
So, considering all of this, it's advisable that if you are completely sober, then go ahead and take the breathalyzer test. Laws vary from state to state, be cautious of the consequences of refusing the breathalyzer test, but also know in some states it might be in your best interest if you have been drinking.
The Fox Legal Group understands how to attack breath test results, how to use qualified experts to attack test results, how to use eyewitnesses to support your defense and how to cross-examine the arresting officer and the prosecution experts at trial.
Finally, your Southern California DUI attorney should have a lot of knowledge about DMV (Department of Motor Vehicle) hearings. California law requires the DMV to suspend your license if your blood alcohol result is 0.08% or above and the police had reasonable cause to stop and arrest you.
Charged With DUI?
The Fox Legal Group can work with you to lessen a DUI sentence, if not have it completely dropped. This is one circumstance where you want a lawyer who specializes in the field. A “general” lawyer used by the family is not the best choice when defending a serious DUI charge.
Contact us now for a free consultation.