Oklahoma's Oldest DUI Defense Firm

Attorneys Stephen G. Fabian Jr. and Brian P. Young

The science and laws behind breathalyzer devices

On Behalf of | Oct 26, 2020 | DUI - Drunk Driving |

Throughout Oklahoma and around the country, those who have been stopped for suspicion of driving while intoxicated are asked to take a breathalyzer test. During this test, the driver’s blood alcohol concentration levels will be tested to determine if they are truly intoxicated and unable to drive safely. Throughout many states, that limit is .08 percent. The process is one that occurs very fast, and therefore the following includes further information regarding the topic of the breathalyzer.

What exactly is a breathalyzer?

A breathalyzer is a type of device that the accused then blows into it, which then produces a BAC level number for the police officer. The test will determine if the person should be held with the charges of a DUI or driving under the influence. Although a breathalyzer test is normally allowed into the court as legitimate evidence, there have been times when the accused have fought the results of the device. Many of those challenges against the device have been successful for the accused and allowed to be removed from the evidence. This has placed a huge dent into the science behind the breathalyzer device.

Challenges faced by the breathalyzer

A common concern for police officers is worrying that the device will not be accurate when used. That is because most breathalyzers need to be calibrating on a regular basis to ensure that they produce accurate results. The dangers of not calibrating it right can lead to officers letting a dangerously intoxicated individual go.

So, how often should it be calibrated?

The answer to this will really depend on the state and its laws regarding calibrating a breathalyzer. However, there are certain guidelines that police officers must follow in order for the results to be used in the court system. One of the most important of those guidelines includes who is able to administer the test. A trained police officer must give the test as there are a number of issues that can arise, such as the driver burping or not blowing hard enough into the device.

As you can see from the information above, there are a lot of factors that can come into play if you’re being accused of DUI. If you believe that the device was faulty, then it is recommended to obtain the services of an experienced attorney. Obtaining one may mean the difference between going to prison and beating the charges against you.