After drinking, alcohol travels from the mouth down to the intestines and then into the blood stream. As the alcohol passes through the lungs, some of it evaporates (a natural process) and this evaporated alcohol gets into the lung’s air sacs (alveoli). The air exhaled by a DUI offender that goes into the breathalyzer comes from the alveoli. The breathalyzer detects the evaporated alcohol, and measures it. The alcohol in the breath is directly related to the alcohol levels in the blood.
The BAC (Blood Alcohol Content) is measured by the breathalyzer, which involves the suspect blowing air through a tube. The air travels to a sample chamber, which contain a chemical mixture. The chemical mixture changes color based on the alcohol content, and the color change is measured by a meter in the device. If the offender’s BAC is 0.08 and over, he’s in big trouble. So far, so good. Here comes the bad news.
How Lawyers Blow Holes In The Breathalyzer Test
The breathalyzer sounds very scientific, equitable and fail-proof. But there’s a problem.
The problem is with the process, not with the equipment. The process adopted is unscientific, unjust and unreliable – exactly the opposite of what the breathalyzer device is. A DUI attorney can blow holes in such tests and contest the charges, and even get the DUI charge dismissed. Here’s how:
- The field sobriety tests prior to the BAC test are impacted by many factors like mental and physical health, weight, age, prescription drugs taken, and many other factors. Lawyers can dig deep into each factor and counter the prosecution.
- There is a specific procedure to be followed by the cops before the test. They have to get the consent form filled by the offender, ensure that the breathalyzer equipment has been maintained and ready for the test, etc. A minor slip-up during the procedure can invalidate the DUI charge.
- Officers generally test offenders on criteria such as standing on one leg, walking in a straight line, etc, before administering the breathalyzer test. The accuracy of such tests can be challenged by many lawyers because minor factors like poor lighting can impact the result.
- Lawyers know all the factors that can impact BAC tests and field sobriety tests. The legal eagles view the test videos, police reports and testimonies to ensure that proper procedure was followed. One minor technical glitch has the potential to nullify the charge.
- Lawyers also review whether the officer who administered the test had a proper license, whether the equipment was used in the manner prescribed, whether the breathalyzer was calibrated correctly before the test, and whether the right amount of time has passed between the first and second breathalyzer tests.
If a lawyer detects a technical glitch, the case can be dismissed.
To Sum Up
DUI is a serious offence and people must not drink and drive no matter how sober they may feel. Responsibility to family and society must be regarded as paramount. Nevertheless, DUI offenders may get off the hook if they are administered the breathalyzer test, and it is recommended that our government look into the matter and tweak the laws appropriately, if required.
Writer and student Michael K. Lewis is from Albuquerque New Mexico and recommends contacting Simon A. Kubiak if you have been arrested for DUI.