Passing a Breathalyzer Can Still Mean a DUI Arrest

If you have been charged with DUI it is imperative that you understand that a Breathalyzer is only one piece of evidence that can be used against you in court and that passing the Breathalyzer does not guarantee your freedom. In addition to a Breathalyzer and possibly a blood test, other things can be counted against you in the final analysis. For instance, unless you can honestly say you've had absolutely nothing to drink, it is to your advantage to politely decline to answer the officer when he asks if you've been drinking as any admission can later be used against you. Refrain from being hostile to the police officer and be as polite as possible. 

Should I Take the Test?

In general, when you are asked to take a Breathalyzer test you must comply. Refusing to submit to any chemical test may possibly be permitted in your state, but will be admitted in court as "consciousness of guilt." In other words, it will be assumed that if you were not guilty you would have taken the test. If you fail the Breathalyzer you will likely be immediately arrested, and, in some states, your license will be suspended without any further ado. 

Limitations of a Breathalyzer

The Breathalyzer has some limitations, and you will need the services of an experienced DUI attorney to bring these out in court when building your defense. Among the Breathalyzer's "issues" are:

1. The Breathalyzer measures alcohol vapor in the driver's breath and presumes the entire volume of air being measured is from the driver's lungs. This makes it susceptible  to falsely elevated measurements from alcohol trapped in the mouth or esophagus or even retained in dental work. Additionally, mouthwash and breath mints may contain alcohol, causing false Breathalyzer results.
2. Alcohol is not instantaneously absorbed into the blood, so a Breathalyzer test that is delayed up to an hour after the initial stop may indicate intoxication, even though the alcohol was likely not sufficiently absorbed at the time you were driving to cause significant impairment. 
3. Even if you assume the Breathalyzer was correctly calibrated and the test was administered perfectly, (rare) breath tests still contain an error rate of plus or minus .02%. 
4. If you are hypoglycemic or diabetic, consumption of even small amounts of alcohol will cause your body to convert elevated levels of acetone into isopropyl alcohol. 
5. Recent exposure to any kind of fumes such as gasoline, paint, lacquer, etc. can falsely elevate test results. 
6. Even if a driver passes the Breathalyzer test, field sobriety tests may be administered and the results of these tests are well-known to be misleading in many cases. Police officers are not medical professionals and are not qualified to judge certain physical responses. 

Other Evidence at the Scene

Self-incriminating testimony and poor performance on field sobriety tests can find you facing a DUI arrest despite passing your Breathalyzer test. Understanding your rights after a DUI arrest is crucial, and it is well-worth the cost to hire an attorney who has a strong background in DUI cases to defend those rights.