What's Involved in a DUI Breath Test
Information you need to know about a DUI breath test and how it can be thrown out in court
DUI Breath Tests and Blood Tests
Once you have refused to take the standardized field sobriety tests you will be taken down to the police station to submit to a Breathalyzer or blood test. Once at the station you do have the right to refuse to take an official breath or blood test, but you need to be aware that refusing this test comes at a cost, and that is that if you lose your administrative driver license hearing, your license will be suspended or revoked for a longer period of time because of the refusal. In most states a first offense refusal will result in a license suspension of 1 year with no chance of receiving a temporary or hardship license during that one year period.
Challenging a Breath Test in Court
Every state has regulations in place to make sure that a breath or blood test is administered properly according to the law. The officer administering the test must follow the guidelines set by the state to the letter. The equipment must be properly calibrated and must be calibrated at regular intervals to insure accurate test results. It is important that your DUI lawyer ask for a trial by Jury so that the breath test results be presented to the Jury versus relying on the Judge’s interpretation of the facts.
The important point that we want you to take away from this is that it is extremely important that if you did submit to a breath or blood test that you talk with your lawyer and make sure that he or she is looking at the results of the test and how it was administered and were all the guidelines met. If there are doubts about the proper use of equipment, calibration, or the officer administering the test, your lawyer needs to challenge the test results and work on getting those test results thrown out in your case.