Most everyone knows that the alternative to a breathalyzer test is a blood test. Of course, the blood tests aren’t administered on site. The breathalyzer tests give law enforcement an immediate reading and indication of whether or not a person is under the influence. However, is that reading really accurate? Furthermore, these breathalyzer tests often accompany field sobriety tests, which are even less accurate according to some people.
Are You Required to Comply With Breathalyzer Tests?
So what’s the solution? Some attorneys would tell you that in certain situations, there is no reason to comply with a breathalyzer test. Of course, that doesn’t mean that your sobriety has been proven or that you’re good to go. The burden of proof is going to lie with you, even though it’s innocent until proven guilty. So should you still comply with a breathalyzer test, or should you instead insist upon things playing out a different way?
Most people aren’t even aware of their rights. People are like deer in headlights when they get pulled over by the cops for the most part, whether they are innocent or guilty. Do you feel nervous when you’re pulled over? Who wouldn’t? Do you know how to carry yourself, and do you know your rights? If not, then maybe it’s time to get a good look at more of the specifics. Furthermore, discover why some people are saying breathalyzer tests aren’t accurate all the time and cannot be trusted.
You also need to know that all breathalyzers aren’t created equal. There are different companies that make them, and of course, there are various models available. You can read about what some of the companies say about accuracy, but then again, you’re likely not interested as an average citizen. Moreover, you likely don’t know what brand or model of breathalyzer that local law enforcement uses.
Some people would read about breathalyzer accuracy with little compassion and think that people deserve to be nabbed if they are behind the wheel after a drink. However, many different situations can arise where an inaccurate breathalyzer could cause a lot of problems. It’s very unfortunate if these breathalyzers aren’t accurate all the time. They are used so often that you can imagine that means a certain percentage of people are in jail without having done anything. This would be a good reason to speak with a DUI Lawyer near you to have your questions answered with a free consultation.
Of course, who knows what the statistics are. What you should know as a citizen is that if you find yourself in a situation where you know you’re not guilty but the breathalyzer says different, get a lawyer. Your lawyer will know exactly what to do and how to handle your case. Taking on law enforcement about a faulty breathalyzer on your own after you submitted to a test likely won’t work out exactly the way you want it to. You need legal counsel, and then maybe you can prove in your case that the breathalyzer test wasn’t accurate and that you are indeed not guilty of driving under the influence.