Breathalyzers are made by people and used by people too. Since people tend to make lots of mistakes, it’s entirely possible that the actual breathalyzer has malfunctioned somehow and hasn’t yet been discovered by the police department or user error is common as well. They need to be calibrated on a regular basis and that task may fall to the wayside if police departments get too busy.
If you’re planning to fight the charge due to an improper machine, then you’ll want to have the right lawyer on your side who can ask the tough questions to get the facts. There are a lot of regulations that cops need to follow both before they administer the test, during and after. If you feel more comfortable taking a urine or blood test then you have the right to request that at the time (in fact, the officer should give you a choice before it happens.)
It’s not recommended to try to buy yourself some time by trying to stall your decision or going with another tactic, if you feel that your concentration will decrease before you actually take it. The cops or judge will likely see right through that.
People talk about having a designated driver or taking a cab, but these can feel like impractical suggestions for many situations. If you’re meeting up with friends who don’t live near you or a bar that’s fairly far away, it presents logistical and expense problems that most people don’t end up finding a way around — as evidenced by the amount of DUIs that are given out.
But taking these chances prove to be far more trouble than they’re worth. If you weigh 120 pounds, then just three beers or glasses of wine can put you over that limit and even less depending on how much you’ve eaten that day.
For a 180-pound person, then more than 4 drinks could land you with a huge fine and license suspension. It’s pretty easy to work your way up to those numbers when you’re out for a night on the town, and it’s also pretty easy to think you’re capable of driving when you’re not.
You don’t have to be told that the consequences for a DUI can be huge. Refusing to take the test can be even worse. You may lose your license for a year as opposed to 6 months. Each person is generally judged on a case-by-case basis, but you’re risking your entire lifestyle should you refuse to take the test.
If you are charged, then find an experienced lawyer that can make your life immensely easier. Their services will be worth every penny.
If you or your loved one have been arrested for driving under the influence, speaking with a DUI defense lawyer about your case will help you to better understand the charges you’re facing, the possible penalties you may be facing, as well as the potential holes in the prosecutor’s case against you.