4 Facts About Breath Tests to Know Today

Breath tests are one way that the authorities determine if a driver or pedestrian is under the influence of alcohol. They are simple tests that require only a few deep breaths and for you to blow into the testing instrument.

A breath test isn’t always accurate, but, for the most part, they are and can be used in court. Given this, the results of such tests can play a significant part in DUI cases. Also, refusing to take a breath test could cost a person their driver’s license immediately.

So, there are some things it can be important to understand about breath tests.

4 facts about breath tests you need to know

• A breath test shows the total alcohol in your blood by testing the amount exhaled in your breath. That doesn’t mean that any test you have is going to be accurate. To start with, certain factors, like if you’ve had a drink recently or used mouthwash containing alcohol, could throw off the test. That’s why the officer should take two tests for verification. If the tests aren’t within .02 percent of one another, there could be a problem with the breathalyzer or how the test is being given.
• Another thing to keep in mind is that Breathalyzers have to be calibrated. One that hasn’t gone through calibration is likely not working appropriately and could give a poor reading. When your BAC is close to the legal limit, it is all the more important that the Breathalyzer is working accurately, since it could register too high otherwise and lead to a charge you don’t deserve.
• Breath tests aren’t the only evidence in DUI cases. Officers may collect other evidence, like roadside sobriety test results, to use against you in court as well.
• Breath tests aren’t always entered in court. As evidence, breath tests are risky at best. If they have a variance in readings, a person’s .07 percent BAC could come up as .08 or .09 percent, leading to charges the individual doesn’t deserve. Normally, a breath test is not the only evidence used, but it is used to help confirm an officer’s suspicions. It may in your best interests to try to get the results of the test thrown out when circumstance were present such being pulled over without cause or being given the test incorrectly.

With help, DUI charges can be fought. A breath test doesn’t guarantee a conviction for the authorities.

Intoxicated man struggles with police after urinating on truck

A long struggle resulted when Pennsylvania State Police troopers encountered a man urinating on a running truck next to East Queen Street in Chambersburg. Court documents detailed the encounter that began when troopers questioned the 24-year-old that they described as stumbling with bloodshot eyes.

At first, the suspect walked away from the troopers before eventually stopping for them. He then put up a fight when they tried to handcuff him. A trooper used a stun gun on the suspect but it did not subdue him. According to their report, troopers spent several minutes wrestling him into submission.

Upon being taken into custody, the man told police that he had been driving the truck before he stopped to urinate on it. About 25 minutes after detaining him, the troopers took him to Chambersburg Hospital, where medical staff took a blood sample. The laboratory results showed that he had a blood alcohol concentration of .114 percent, which is over the legal limit for operating a vehicle. Authorities placed the man in Franklin County Jail and set his bail at $35,000.

An arrest that results in drunk driving charges could produce heavy fines, loss of a driver’s license and even jail time. A criminal defense attorney could guide an alleged offender through the criminal justice system and potentially provide defense. Legal counsel might be able to challenge the validity of evidence if mistakes occurred during the administration of a field sobriety test. Alternatively, an attorney might arrange for a plea deal that replaces jail time with an alcohol education program.

Drunk driving charges in Pennsylvania

In many places across the country, including Pennsylvania, legislation related to drunk driving has become stricter over the years. In 2003, Act 24 lowered the legal blood-alcohol content level from .10 to .08 and created a series of penalties that depend on the BAC level of the accused driver and their prior history with DUI charges. People in certain categories, including minors, truck drivers, school bus drivers or those involved in injury crashes, can be targeted for stricter enforcement.

The first and most basic level of drunk driving charges in Pennsylvania is general impairment. This is applied to those with .08 to .099 BAC levels. If the offender has not had a prior DUI offense, the charge is considered an ungraded misdemeanor. Nevertheless, the penalties can be significant — a $300 fine and up to six months probation. The penalties, as well as the grade of misdemeanor, rise for subsequent offenses, which may be accompanied by one-year license suspensions, jail time, ignition interlock installation and significantly more costly fines. For a third or later offense, an offender could face up to two years in prison.

The penalties also become stricter if the accused driver is stopped with a “High BAC” of .10 to .159. Offenders with a first-offense High BAC could receive a 12-month license suspension, a fine of up to $5,000 and up to six months in jail. Again, penalties increase for subsequent charges.

The penalties for drunk driving charges can have a major impact on an offender’s life. Jail time, costly fines and a criminal record can follow a person for years to come. However, a criminal defense lawyer can help an alleged DUI offender present a strong defense that may avoid a conviction.