Is a Breathalyzer Admissible in Court?
When an arresting officer believes you may be impaired enough to drive while intoxicated, they may request you take a breath test – commonly referred to as the PBT (Portable Breath Test). This type of breath test helps determine your level of impairment.
Unfortunately, PBT results are not admissible in court and thus it can be challenging for prosecutors to establish guilt beyond a reasonable doubt at trial.
Legal Limits
When it comes to alcohol-related offenses, one of the most reliable evidence is a driver’s blood alcohol concentration. This can be measured through either a breathalyzer or blood test.
If you are found guilty of driving while intoxicated (DWI), you could face severe consequences such as a hefty fine, jail sentence and license suspension. Furthermore, your vehicle could be impounded for up to six months.
Your blood alcohol concentration (BAC) level depends on a number of factors, including age, weight and the amount of alcohol consumed. However, experts agree that in New York State 0.08% BAC is the legal limit for driving.
Submission to a breathalyzer can mean the difference between getting off with just a DWI charge and facing harsher penalties for DUI conviction. In order for the state to prove you were driving while impaired, they need both objective and subjective evidence in order to establish this.
An experienced attorney can leverage the breathalyzer’s results in your favor. They may argue that the machine malfunctioned or wasn’t calibrated properly, leading to false-positives. This is a particularly strong argument when the BAC is near or equal to the legal limit.
Breathalyzers can be an invaluable piece of evidence, yet they are not always admissible in court. To make the machine a valid witness, the People must demonstrate that it was functioning correctly at the time it was administered.
Additionally, accurate results must be achieved. This requires that the machine have a superior sensor that can accurately measure how much alcohol is present in your system.
No matter how commonplace a DUI charge may seem, the best way to fight one is by consulting an attorney familiar with New York DWI laws and regulations. Your lawyer might also be able to tell you whether your Breathalyzer test result might be eligible for challenge in court.
Portable Breathalyzers
Breathalyzers are an invaluable tool used by law enforcement officers to test a driver’s blood alcohol concentration (BAC). These tests can be admissible in court provided they were administered correctly and no legal challenges have been brought against them.
Portable breathalyzers (PBTs) are handheld devices that police officers can bring with them when making an arrest. These machines allow officers to measure a driver’s BAC without needing to transport them away for testing in a laboratory.
Police should use caution when using or maintaining these devices, as they can be hazardous if not handled correctly or maintained properly. Furthermore, these tests are less accurate than other testing methods such as taking a urine sample or blood test.
There are a variety of factors that can influence the results of a portable breathalyzer, such as outside air temperature, the machine itself, when you last consumed alcohol, medical conditions and more. Therefore, it is always wise to consult an attorney before providing your breath sample into any portable breathalyzer.
If you have been arrested in Georgia for DWI or another driving-related offense, it is essential that you seek assistance from an experienced Galveston County DWI lawyer who can craft a strong defense strategy. Doing this will allow you to challenge any BAC evidence against you and avoid conviction.
In addition to having your breathalyzer results thrown out in court, there are other defenses you can use to reduce charges. One popular option is an impairment strategy which focuses on your behavior during the traffic stop rather than your BAC level.
Another potential defense is to claim that police officers did not adhere to proper procedures when administering the portable breathalyzer test. For instance, they should have observed your facial expressions prior to administering the test and ensured you blew into the device with steady and even pressure.
If you have been arrested for DWI in Georgia, it is essential to seek counsel from an experienced Galveston County DUI lawyer who can craft a strong defense. Doing this will allow you to contest the breathalyzer evidence against you and avoid conviction.
Training
Breathalyzers are commonly used by law enforcement officers to assess whether someone is under the influence of alcohol and/or drugs. While results from a breathalyzer are typically admissible in court, they can be challenged on several grounds.
First and foremost, the person administering a breathalyzer must receive proper training on its use. This could include making sure no food, drink or smoke has been consumed prior to taking the test and that they take an accurate breath in order to accurately measure their blood alcohol content (BAC).
Police officers without the appropriate training may invalidate a test by failing to observe someone for an extended period before administering it, leading to invalid results. This type of oversight could taint all evidence in court and invalidate results altogether.
Furthermore, it is illegal to operate a breathalyzer without being licensed by the state. To obtain such a license, law enforcement officers must complete an accredited course, pass both a written examination and proficiency test, then renew their license every year thereafter.
Once licensed, police officers must complete retraining courses every two years in order to renew their license. Furthermore, they must keep their devices in working condition and perform calibration checks on them regularly.
Furthermore, they must be familiar with the breathalyzer testing procedure and device manufacturer’s requirements. This is essential since it guarantees accurate results when using the device correctly.
Another way to keep breathalyzer test results out of court is to refuse them. However, this option is only legal in certain limited instances.
Fortunately, refusing the breathalyzer test does not infringe upon your Fourth Amendment rights against unreasonable search and seizure or Fifth Amendment right against self-incrimination. On the contrary, if an officer has no reason to suspect you of drinking, then refusing the breathalyzer test can serve as a powerful evidence in court to prove your innocence.
It is essential to recognize that there are exceptions to this rule; breathalyzer tests are typically admitted into court only in OUI cases involving death or serious bodily injury or 5th offense OUI charges. While these exceptions may change in the near future, you can still avoid having a breathalyzer test included as evidence in your case.
Timing
When you are stopped and suspected of driving while intoxicated (DWI), an officer may ask you to take a breathalyzer test. During this process, they may give you information about your rights and warn that refusing the test could result in one year’s suspension of your driver’s license.
When taking a breathalyzer test, timing is critical. This is because any alcohol that may still be in your mouth must have had time to evaporate before the test can be administered.
Another essential piece of information is that the test must be administered by an official, trained law enforcement officer with appropriate credentials. If they are unfit or do not follow proper procedures for administering the test, it could make all the difference.
During the testing phase, you must remove all foreign objects from your mouth including chewing tobacco, gum, mints and dentures. These can trap and absorb alcohol from your breath and produce a false reading which would be misleading to a jury.
Additionally, you must wait a minimum of 15 minutes before taking the test in order to allow any residual alcohol that may have been in your mouth from hiccups, burping or vomiting to wash away and clear up any machine readings.
If you have any doubts about the timing of a breathalyzer test or are facing a DWI charge, contact an experienced Texas DUI lawyer who can explain your rights and challenge any evidence against you.
In January 2019, a Massachusetts judge ruled that most Draeger 9510 breathalyzer results would not be admissible in court until the Office of Alcohol Testing has undergone significant reforms, such as applying for national accreditation and following specific discovery practices outlined by the court. This ruling follows extensive litigation involving OAT which is expected to continue at least until 2019. To better understand your legal options before making any decisions about your case, it’s always wise to speak with an experienced attorney.