When it comes to driving on the roads, we all know how important it is to keep ourselves and other drivers safe. Most of us wear seatbelts, abide by the speed limit, and refrain from driving while under the influence of alcohol or drugs. What happens, however, if you are pulled over for suspected driving under the influence and you do not believe you have surpassed the legal limit to drive? To help answer this question, let us share with you some information about breathalyzer and blood alcohol content tests.
What is a breath and blood test?
Traditionally, both a breath and blood test have been used to determine the blood alcohol content in an individual’s body.
While the legal limit differs in each state, all states consider driving under the influence to be illegal. During a field sobriety test, a law enforcement officer may ask you to blow into a tube, walk in a straight line, stand on one leg while counting, or submit to a blood test. If the law enforcement officer had probable cause to pull you over, he or she generally has the authority to ask you to submit to these tests.
Are the tests 100% accurate?
Unfortunately, the short answer is no. Despite the frequent use of these tests, there are many different factors that can affect the accuracy of a breath or blood test. For example, the law enforcement officer may not have administered the tests correctly, or you may have an underlying physical or mental condition that may impact the results. There are specific guidelines that law enforcement officers must abide by when administering breath or blood tests, so if the officer follows an incorrect procedure, you may be unfairly penalized. Similarly, if you have a condition that makes it difficult to balance, you may stumble while attempting to walk in a straight line.
If you believe you have been unfairly penalized as a result of a breath and blood test, we encourage you to contact our office.
It is important to remember, however, the results of a breath or blood test are only one part in determining whether an individual is guilty of driving under the influence, and may not alone prove innocence.
We know this article may raise more questions than it answers for you. Do not wait to contact our experienced local legal defense team at any time. We are standing by, ready to help you, twenty-four hours a day, seven days a week.