Law enforcement officers ask motorists to submit to blood alcohol tests when investigating a possible driving under the influence (DUI) violation to identify a person’s alcohol levels. One such test involves using a breathalyzer, and law enforcement may rely on the results of this assessment to strengthen DUI cases; for this reason, many individuals might be reluctant to consent to this test. Learn whether motorists should submit to a breathalyzer test, and discover how an experienced New Hampshire criminal defense attorney can help individuals facing a DUI charge; contact Friedman & Bresaw, PLLC by calling (603) 707-4800.
What Is a Breathalyzer Test?
A breathalyzer refers to a device used to measure the amount of alcohol contained in the air exhaled by an individual. This tool works by requiring someone to blow into it, and law enforcement officials typically request this test if they think a motorist could be driving under the influence of alcohol.
The reading from this instrument helps estimate a person’s blood alcohol content (BAC), which is the level of alcohol present in someone’s blood, to identify whether they can safely operate a vehicle. Other tools utilized to make this determination involve taking a urine, saliva, or blood sample. Most states do not permit motorists to have a BAC of more than 0.08%, and some have even lower limits, to prevent alcohol-impaired motor vehicle accidents; per the National Highway Traffic Safety Administration (NHTSA), 37 individuals in the United States lose their lives daily as a result of driving while intoxicated.
Is It Better To Refuse a Breathalyzer?
If suspected of a DUI charge, there are advantages and disadvantages to refusing a breathalyzer. Below is an explanation of why someone may consider submitting to and refusing to take this test.
Submitting to the Test
While some people might decide to refuse a breathalyzer, there are arguments for taking this test. If somebody takes this assessment and fails, they typically face a license suspension that is less severe than the license suspension for not taking the test. Furthermore, if someone has a previous record of driving while intoxicated (DWI), the license suspension for refusing a breathalyzer is even more severe, which may incentivize people to submit to this test.
Refusing To Take the Test
Failing a breathalyzer provides a prosecutor with valuable evidence they can use at trial to prove that the motorist was drinking alcohol before their arrest. If a motorist refuses the test, the prosecution must rely on law enforcement official observations as opposed to test readings. Moreover, portable breathalyzers have an error margin, meaning somebody’s actual BAC could be below the legal limit when the device reports that the motorist is above it.
Gain a more comprehensive understanding of whether a motorist should submit to a breathalyzer test, and learn how a seasoned New Hampshire criminal law attorney can assist those facing a DUI or DWI charge. Contact the legal team of Friedman & Bresaw, PLLC today to arrange a consultation.
What Happens if You Refuse To Be Breathalyzed?
Many individuals may refuse to take portable breathalyzer assessments unless they are sure they have not ingested alcohol. While a person is likely to pass one of these tests if they have consumed one alcoholic drink every hour or less, a law enforcement official may arrest them anyway if they think the motorist may endanger others or themselves if they continue to drive. Depending on the state, refusing a portable breathalyzer may culminate in a license suspension; some states also consider this refusal a misdemeanor punishable by a maximum jail sentence of 90 days and/or a fine.
If someone refuses a portable breathalyzer when stopped by law enforcement officers, they are likely to face a visit to the police station for additional, more accurate testing. In New Hampshire, implied consent laws stipulate that motorists automatically consent to chemical tests, including urine and blood testing, as well as an infrared light breathalyzer examination; this rule applies to drivers legally arrested under the suspicion of driving while impaired. Refusing this type of testing leads to the following consequences:
- License suspension: Refusing a chemical test results in a license suspension of 180 days, whereas an additional refusal leads to a suspension of two years. Those with probationary licenses who refuse chemical testing can expect a license suspension between 90 and 180 days.
- Evidentiary usage: While refusing testing can limit the evidence against a motorist, the prosecution may also use this refusal as evidence of the individual attempting to mask their intoxication from law enforcement.
What Is a Good Excuse for Failing a Breathalyzer Test?
Portable breathalyzers can occasionally produce false positives, resulting in a motorist failing the test when taken at the roadside. Here are some of the reasons why this can occur:
- Conducting the test soon after drinking: When someone takes the test immediately after consuming alcohol, this may give a false positive. Law enforcement officers can avoid this type of error by waiting a minimum of 15 minutes before doing the test.
- Calibrating incorrectly: Law enforcement officers have to properly calibrate a breathalyzer for the device to work accurately; if these officials do this incorrectly, it could result in a false reading.
- Eating certain foods: Ingesting some foods, like pecans, protein bars, energy drinks, and ripe fruit, can lead to inaccurate breathalyzer results. Having too much acid in the stomach after eating spicy foods may also have an impact.
- Having pre-existing medical conditions: Certain gastrointestinal conditions, such as heartburn, acid reflux, or gastroesophageal reflux disease (GERD), which is a severe, long-lasting form of acid reflux according to the National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), can cause false positives. Additionally, taking some medications could impact the reliability of breathalyzer readings.
Contact a New Hampshire Criminal Law Attorney To Find Out More
Deciding whether to consent to a breathalyzer or blood tests when stopped by law enforcement can be a complex issue, particularly as implied consent laws concerning BAC testing vary between states. Usually, motorists must sanction a urine, breathalyzer, or blood test when a law enforcement officer requests this to avoid losing their driver’s license; however, if the motorist agrees to take the test and fails, this evidence could help convict them of a DUI violation, meaning refusal may be a more desirable choice in certain situations. Discover whether drivers should agree to do a breathalyzer test, and explore the legal options available to those facing a DWI or DUI charge; call a New Hampshire criminal law attorney from Friedman & Bresaw, PLLC today at (603) 707-4800.
