In its efforts to crack down on DUIs, most states have instituted more technology for testing and arresting suspects, including the use of a DUI breathalyzer test. However, those test results have come under closer scrutiny as some research has shown them to be inaccurate under a number of circumstances. In fact, some people having consumed no alcohol at all have been found with a high blood alcohol content (BAC) while others who are clearly inebriated have registered no BAC. Those arrested for DUI may have an effective defense in challenging the results of a breathalyzer test if they have a skilled and informed attorney to represent them.
Sobriety Tests
There are a number of sobriety tests used when an officer pulls a suspect over to test for DUI. There are additional tests that can be performed when a suspect is arrested for probable cause and taken to the police station for processing. Some of the most common Field Sobriety Tests include:
- Nystagmus Test – or horizontal gaze test
- Walk-and-turn (heel-to-toe on a straight line)
- One-leg-stand
- Modified-position-of-attention (feet together, eyes closed, head back for thirty seconds)
- Finger-to-nose
- Recitation of the alphabet
- Counting backwards
- PAS (preliminary alcohol screening), or breathalyzer
While none of these tests will stand alone as evidence in court, they can provide probable cause that an officer can use to take a suspect to the station, where they will be tested further. There the officer will attempt to administer chemical tests. In some states, they require the suspect’s permission, while in others; there is implied consent when an applicant signs their driver’s license.
- EBT (evidentiary breath test)
- Blood tests
- Urine tests (less frequent)
If a suspect is found to have a BAC of .08 or higher, they are legally DUI and can be charged. Even if their BAC is lower, if there are other obvious evidences of being under the influence of alcohol, the suspect may still be charged.
Defending Against DUI
One of the strongest defenses a suspect and their attorney can provide is the flaws in breathalyzer accuracy. There are a number of reasons why these test results can be suspect:
- Temperature variances
- Variances in breathing patterns
- Inaccurate or varying calibration
- Measurements on other substances in the area, including gasoline, substances found in the breath of dieters or diabetics, to name a few
- Mouth alcohol (which is why officers wait 15-20 minutes before administering the test)
- Retrograde extrapolation, because the EBT is generally conducted more than an hour after the DUI stop
Getting Legal Help in Defending against a DUI Breathalyzer Test
Clearly, there are many variables that can make a breathalyzer test unreliable. For someone who was not drinking at the time of their DUI arrest, or who was not intoxicated, these can be effective means of defense in the hands of a skilled and experienced DUI attorney.
