Do Breathanalyzers Reveal Appropriate Results?

by lawfirm on January 13, 2013

A driver charged with Driving under the Influence (DUI) or Driving while Intoxicated (DWI) has to understand that a Breathanalyzer is a piece of evidence that can be used against the driver in court of law. Though passing Breathanalyzer test does not prove that the person is guilty, even does not guarantee discharge. There are several symptoms that indicate a person is driving while intoxicated.

How DUI case begins?

If a police officer notices inconsistency in driving pattern, the officer has right to stop vehicle and investigate further for DUI. Testimony of an arresting officer or video footage before the stop of vehicle does not serve as strong evidence in a DUI case, but may be used to start a case. Sometimes driver’s testimony acts as a fair ground for the case. So, when held for a DUI charge instead of being honest and revealing the number of drinks you have consumed it is better to politely decline the question unless you have consulted with a lawyer.

How to react when interrogated?

Many people think that admitting truth will relieve them from further harassment. However, your revelation of truth on the number of drinks consumed can be used against you in court. Your behavior will also be noticed after arrest. Thus, try to act normally and consult with an experienced lawyer as soon as you can.

Comply with police officers if they asked for Breathanalyzer test or any other chemical tests. Charleston law permits to deny participation in these tests; but it will invariably act against you and situation will be even worse if you refuse to participate in these chemical tests. Law officers may bring charges of not complying with them or it can be placed in court as “consciousness of guilt”. If it is detected by Breathanalyzer that the alcohol content in blood is .08 or higher than that it will result in immediate arrest. A driver can be charged with DUI if the alcohol content in blood lies between .05 and.07.

Why Breathanalyzer report can be challenged?

Breathanalyzer is commonly used to measure alcohol trace in suspected driver’s breathe; there are several drawbacks of this equipment. If there is no other evidences to support intoxication, your lawyer can challenge the result obtained utilizing Breathanalyzer. There are several medical reasons which can affect the reading of Breathanalyzer. However, it will be impossible to get out of this DUI charges without assistance from competent Charleston federal lawyer.

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