Pass A Breathalyzer Test? You May Still Be Charged With DUI
by Jared Matthews
Many people believe that if they can successfully pass a breathalyzer test, then they can avoid being arrested for DUI. That's likely why there are a lot of dubious tips on how to fool a breathalyzer machine floating around on the internet. However, even if you do somehow manage to beat a breath test, you may still be taken in and charged with DUI. Here's what you need to know about this situation.
Preponderance of Evidence
While the breathalyzer test can be a powerful piece of evidence that helps strengthens the prosecutor's case, it's typically not the only evidence brought before the judge. There are several other things the police or prosecutor may use to justify charging you with and eventually obtaining a conviction for driving under the influence. This includes:
- Testimony from the police about how you were driving (e.g. swerving, running traffic signs)
- Statements from witnesses about your appearance and mannerisms (e.g. slurred words, red eyes)
- Any alcohol or drug paraphernalia collected at the scene (e.g. open cans, bong)
If the police suspect you are under the influence of drugs at the scene and you pass a breathalyzer test, they may take you to the hospital to have a blood test conducted to see what substances are in your system. This test can be particularly devastating to your case because these types of chemical tests tend to be very accurate.
The court will typically deliberate on all the information submitted by the prosecutor and may come back with a guilty verdict even though you passed a breathalyzer test.
Fighting Back in Court
The fact that you passed a breathalyzer test may work in your favor, however, depending on the circumstances of your case. It may make it easier to attribute your behavior and appearance to other things besides the consumption of drugs or alcohol.
For instance, sleep deprivation mimics some of the same symptoms as intoxication including red eyes and lack of coordination. Weaving in the road could be seen as a result of falling asleep at the wheel. If you can successfully make this case, the court may rule in your favor or the prosecutor may be forced to charge you with something else other than DUI, such as reckless driving. Though you may still face fines and jail time as a result of being charged with something else, it may not have as severe an impact on your life as a DUI.
When you are arrested for or charged with DUI, it's essential that you contact a criminal defense attorney, such as Sam Douglas Young Attorney at Law, as soon as possible. The lawyer can help you develop a defense strategy that may help you avoid many of the consequences associated with being convicted of driving under the influence.
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Sometimes it's necessary for individuals to hire a criminal attorney. If you've never had to hire an attorney before, you may not know exactly what to do. Hello, my name is Joanna, and this blog will tell you everything you need to know about hiring a criminal attorney to represent you in your legal matter. I was in this situation recently when a family member needed an attorney. I had to learn quickly what needed to be done, and in the end it all worked out great. I decided to compile a blog to help others learn what to do when they need to hire a criminal attorney. Since this can be a stressful experience, my hope is that this blog will help to ease some of the stress.