Archive for the ‘breathalyzer’ tag

Should You Refuse A BAC Test?

December 14th, 2013 at 5:47 pm

After having a few too many drinks, you decide to drive home. You are extremely careful to stay on the right side of the yellow line, and you keep the car within the posted speed limit. However, despite your best efforts, a siren appears behind you. A police officer comes to your window, asks if you have been drinking. Even though an experienced Illinois DUI lawyer would tell you not to admit to having consumed alcohol, you inadvisably admit to having had a few drinks at dinner. The police officer asks you to step out of the car, and then asks you to submit to a field sobriety test. The police officer determines that you failed the test, and the police officer places you under arrest for DUI.

breathalyzer & sobriety test ImageThe police officer is going to ask you to submit to a test to determine your blood alcohol content (BAC). This could take the form of a breathalyzer, blood, or urine test, or any combination of the three. You have a right to refuse to take any test. But should you?

Immediate Results of Refusal

Every driver is deemed to have given their implied consent to be tested for alcohol or drugs if they make use of the public roadways of Illinois. Refusal to take the test will result in a suspension of your driver’s license for 12 months minimum. If this is not your first time refusing a test, your driver’s license will be suspended for 3 years. What’s more, the fact that you refused the test can be used against you at your trial for DUI. However, an attorney can help you successfully fight both the DUI charges and license suspension.

Should You Refuse Anyway?

Conventional wisdom states that you should never give the police any evidence that could be used against you at trial. However, DUI is a unique problem, in that by withholding evidence from the police by refusing a test, your driver’s license is automatically suspended. What should you do in this scenario?

Once you are arrested, if you know that you are likely to fail any chemical test, you should likely refuse the test. Your license will still be suspended, but an Illinois DUI attorney may be able to attack the suspension, or get you a restricted driving permit to allow you to drive to get to work or pick up groceries. Further, you will not have provided the police with evidence to build their case.

No matter what you decide to do, a DUI arrest must be dealt with quickly, preferably by an attorney with experience. If you or someone you know has been arrested for DUI, contact an experienced DUI attorney today.

How Does a Breathalyzer Work?

May 16th, 2013 at 12:16 pm

Christine

Driving under the influence can have many ramifications, from losing your drivers license to death. Officers will suspect that a person is driving under the influence based on the speed and steadiness of the driving. Proving drunkenness, however, is not as simple. In order to prove drunk driving in court, police officers often use data from a breathalyzer machine to test how much alcohol the driver has in their system at the time the test is administered.

Alcohol is absorbed into the mouth, throat, stomach and intestines, and makes its way from there into bloodstream. As blood travels to the lungs, the alcohol moves through the alveoli, the membranes of the lung’s air sacs. The alcohol evaporates from the blood into the air, and is exhaled as a person breathes. The breathalyzer can measure the amount of alcohol in a person’s breath, and it is directly related to the amount of alcohol in the bloodstream. Rather than dealing with needles and blood, a police officer only has to use the breathalyzer machine. In most states, including Illinois, the blood alcohol content (BAC) must be below .08% in order to be considered below the legal limit.

If you are pulled over, you are not required to take any kind of field sobriety test, including a breathalyzer. If you are arrested, you may be asked to give a blood sample at the police station- but by doing so, you are giving them evidence to use against you in court, which is not advised. It is in your best interest to avoid sobriety tests in Illinois until you have spoken with an attorney. It is possible for a breathalyzer to be incorrectly administered, or improperly prepared prior to administration.

If you have been charged with a DUI, contact a lawyer who is familiar with DUI cases and can help you. An Illinois DUI attorney can make a difference in your case.

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