A breath test is an important aspect of any DUI arrest. Either a breath test or a blood test can be conducted after an arrest to show the exact level of inebriation that the suspect was arrested for. However, due to the careful laws in place to protect due process and the privacy rights of the driver, it is important to know what needs to be done so a breath test can be admissible for the case.
Working Breath Machine
Because the breath test is completed by a machine, which can break, the test needs to be properly maintained at all times. For this reason, all breath tests must be conducted in pairs with only a +/- 0.02% difference between each test. If there is a higher percentage difference between readings, it might mean the breath testing machine was not working properly and that the sample cannot be admitted as evidence of DUI.
Properly Obtained
There is a very clear outline for how an arresting officer can obtain a breath sample. To start with, they must continuously observe you for at least 15 minutes before administering the breath test. This will keep there from being bad results due to mouth alcohol. The officer should be sure you don’t get sick, belch, or burp during the time period. If so, they may have to put off giving you a breath test due to underlying medical conditions that will make the test inadmissible.
Additionally if the test was given before you were arrested, it may not be admissible due to the implied consent law.
Due to the many rules that dictate how a breath test is administered and how its results are interpreted, it is important that a lawyer is hired to review the process and make sure not mistakes or shortcuts were used in the collection process.
This article is not a substitution for legal advice. If you are facing legal action for a DUI, contact a lawyer with experience in the field.
Ensure your breath test is handled properly with the help of Will & Will LLP, Attorneys at Law – Riverside, CA and Orange County region.