Breathalyzer Tests
When a law enforcement officer pulls you over for suspected DUI, you will be given a series of field sobriety tests on the spot. If you fail these examinations, then you will be taken into police custody and asked to submit to a chemical test of some sort. The most common of these examinations is a breathalyzer, which accepts a breath sample and analyzes it in order to determine one’s blood alcohol content (BAC) level. If you register above the legal limit of 0.08%, then you will be charged with DUI.
Rhode Island DUI defense lawyer James Powderly has the experience and skills necessary to assert a strong breathalyzer refusal or failure defense. Contact him today at 401-662-9006 to schedule a free consultation and begin protecting your interests.
How a Breathalyzer Works
The most common breathalyzer test used in the state of Rhode Island is a machine known as the Intoxilyzer 5000. This is an infrared (IR) breathalyzer, which uses IR light refraction to determine how much alcohol is present in a breath sample. Breath containing alcohol will refract light differently than breath with no alcohol.
Even though breathalyzers are chemical tests that use hard evidence to prove intoxication, they are not always accurate. Because the breathalyzer takes only a sample of breath and not blood, it is prone to inaccuracy.
Breathalyzer Errors
In order to determine one’s BAC from a breath sample, a numeric conversion factor is used. However, this number is determined based on the average person’s breath-to-blood alcohol ratio. If you, like many others out there, are not a “normal person,” then your reading from a breathalyzer will be incorrect.
Breathalyzers must also be given under certain, legal conditions. The test must have been calibrated recently, the administrator must be certified, and you must have been informed of your right to refuse this test and take one on your own. If any of these circumstances are not met, then the evidence taken from the test may be considered inadmissible.
Breathalyzer errors are not at all uncommon. Proving the presence of one in your test can form the basis of a successful defense. Call RI DUI defense lawyer James Powderly at 401-662-9006 to speak with him about protecting your freedom and rights today.
Contact Us
If you have been arrested and charged with DUI, then you will need an experienced and qualified DUI defense lawyer to protect you in court. Contact Rhode Island DUI defense attorney James Powderly today at 401-662-9006 to speak with him about how he can help you.
