Alcohol Breathalyzers
Majority of the states have the so-called implied consent law. Under this law, you are obliged to submit to a blood alcohol test through a blood, breath, or urine test if the police officer has a reasonable suspicion to pull you over and a probable cause to make an arrest. While you do not have the right to have your lawyer for the test, you are given the right to choose which test to undergo. You may opt for the breath test which uses alcohol breathalyzers to determine your blood alcohol level.
The most common alcohol breathalyzers employ an infrared beam. Energy from the beam is absorbed by molecules of alcohol in your breath. Infrared energy absorption increases as alcohol vapor concentration rises. Unlike blood tests, the breath test produces a blood alcohol value that is not determined directly. It measures the amount of alcohol present in some portion of exhaled air, and not the amount of alcohol present in your blood. For this reason, the readings from alcohol breathalyzers can be subject to erroneous results.
To make sure that alcohol breathalyzers are in good condition, they must be regularly calibrated with air containing a known amount of alcohol. The records in the police department must show the dates when the breathalyzers are used, calibrated and serviced. If there is a lapse in record keeping or memory of police officers as regards the calibration, then a DUI attorney may successfully establish reasonable doubt on the accuracy of the device.
When you choose a breath test, the results from alcohol breathalyzers are displayed on the device instantaneously. Thus, a breath test can be a wise option if you have just finished drinking a bottle of beer, or a glass of wine. With this mild drink, your blood alcohol level is about .05 percent and it will appear to the police officer that you are sober.