Drinking and Driving Breath Test

With each year that passes, more and more drivers find themselves facing serious criminal charges for driving under the influence of alcohol, a crime often referred to as DUI. Many of these arrests are made after unsuccessfully performing a drinking and driving breath test. Failing a breath test, however, does not automatically mean you are guilty of DUI. In fact, with help from an experienced DUI defense attorney, you may be able to prove that your breath test results were inaccurate, and thereby avoid the consequences associated with a drunk driving conviction.

Although each state has its own specific DUI laws, they all have one thing in common: in the eyes of the law, any person who is caught operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher can be arrested and charged with driving under the influence—regardless of their driving abilities. In some areas, you may even face charges if your BAC is below the legal limit, but show signs of impairment (such as driving on the wrong side of the road or swerving).   



If an officer suspects you are under the influence of alcohol, he or she may ask you to take a breath test in order to determine your BAC. It is important to know that, due to implied consent laws, you are legally required to comply with this request—in all fifty states.

If you have never heard of implied consent, you’re not alone. Most drivers don’t realize that, by accepting a driver’s license from their state government, they agreed to abide by the traffic laws in their area. One of these laws includes agreeing to perform a breath or other chemical test (blood and urine tests, for example) if an officer suspects you are driving under the influence. As a result, refusing to perform a breath test can often lead to greater penalties than failing.

As their name suggests, breath tests detect alcohol on a person’s breath. To perform the test, you must blow into a small device—commonly referred to as a “breathalyzer.” The breathalyzer, in turn, calculates BAC based on the amount of alcohol it finds in the content of your breath.

Unfortunately, breathalyzers do not take many factors, such as weight, gender, and metabolic rate, into consideration. Instead, the device uses a standard calculation to determine a person’s BAC—simply assuming the tester fits its definition of the “average” individual. As a result, if you do not fit this definition, the breathalyzer may not calculate your BAC correctly.

Fortunately, many individuals charged with DUI are able to successfully challenge their breath test results in court. If, for example, the breathalyzer was not properly maintained, or the officer who administered the test did not receive adequate training, your results may be inadmissible.

To determine the best defense strategy for your case, it is important to have legal representation when your day in court arrives. Fighting breath test results requires an advanced knowledge of your state’s drinking and driving laws, and only an attorney who specializes in DUI defense can determine the right tactics for your defense.

Protect your rights. Complete a free case evaluation to locate a skilled DUI defense attorney in your area today.

States and Cities:
AK	Alaska, Anchorage	LA	Louisiana, New Orleans	OH	Ohio, Cincinnati
AL	Alabama, Montgomery	MA	Massachusetts, Boston	OK	Oklahoma, Tulsa
AR	Arkansas, Little Rock	MD	Maryland, Baltimore	OR	Oregon, Portland
AZ	Arizona, Phoenix	ME	Maine, Portland	PA	Pennsylvania, Philadelphia
CA	California, Los Angeles	MI	Michigan, Detroit	RI	Rhode Island, Providence
CO	Colorado, Denver	MN	Minnesota, Duluth	SC	South Carolina, Charleston
CT	Connecticut, Hartford	MO	Missouri, Branson	SD	South Dakota, Sioux Falls
DE	Delaware, Wilmington	MS	Mississippi, Jackson	TN	Tennessee, Nashville
FL	Florida, Orlando	MT	Montana, Bozeman	TX	Texas, Houston
GA	Georgia, Atlanta	NC	North Carolina, Charoltte	UT	Utah, Salt Lake City
HI	Hawaii, Honolulu	ND	North Dakota, Fargo	VT	Vermont, Burlington
IA	Iowa, Des Moines	NE	Nebraska, Omaha	VA	Virginia, Richmond
ID	Idaho, Boise	NH	New Hampshire, Portsmouth	WA	Washington, Seattle
IL	Illinois, Chicago	NJ	New Jersey, Newark	WI	Wisconsin, Milwaukee
IN	Indiana, Indianapolis	NM	New Mexico, Albuquerque	WV	West Virginia, Charleston
KS	Kansas, Kansas City	NV	Nevada, Las Vegas	WY	Wyoming, Cheyenne
KY	Kentucky, Lexington	NY	New York, New York	DC	Washington DC