What to do when offered a breath test?
The best thing to do is to refuse to take a breath test. At trial, the DUIprosecutor cannot mention the fact that you refused a breath test. If you fail a breath test your license will be suspended for 45 days. Failing to complete the breath test is considered a refusal. For first offense OUI charges, a person who refuses the breath test will have his or her license suspended for 180 days. If the person is under the age of 21 his or her license will be suspended for even longer.
DUI Breath alcohol verses Blood alcohol content
Breath alcohol content is not the same as blood alcohol content. The legal standard in court for a DUI case is based on Blood alcohol content. The legal limit is .08 or above. This doesn’t mean that you cannot be prosecuted for a DUI or drunk driving if your blood alcohol is under .08. Breath Test machines only measure breath alcohol. Then there is a legal assumption or a conversion to blood alcohol.
Potential problems with the breath test
In certain situations the DUI Breath test machine has been known to fail
- person chewing gum
- alcohol in the person’s mouth
- stomach disorders, example acid reflux
- machine has a bias against older individuals
- machine has a bias against females
- machine not maintained properly
- machine not warmed out correctly
Call Attorney Jason Chan to talk about your Drunk Driving, DUI, OUI case today at 508-808-8902.
