What A Driver Should Know About DUI Tests
The most common test given to drivers who are suspected of drinking and driving is a breath test or a Breathalyzer test. Although this type of testing for DUI during an arrest is common, it is not the only option officers have to determine a driver’s Blood Alcohol Concentration (BAC) – officers also have the option to test an individual’s urine or blood as well for a suspected DUI or DWI charge offense. Currently under 2022 DUI, DWI laws, every state except Utah impose mandatory penalties for operating a vehicle with a BAC level of 0.08% or greater.
So, with other options out there, why do police officers choose the Breathalyzer test? The answer is short and to the point – a breath test allows police officers to avoid obtaining a warrant and therefore circumvent the Constitution. However, national news outlets as recently as this week have reported, the Supreme Court rules cops need a warrant for blood test after drunk-driving arrest situations when a person is suspected of a DUI related offense.
Avoiding going into too much detail, a DUI/DWI breath test for alcohol levels can currently be conducted on suspects without having to obtain a warrant. The general situation involves police officers arresting individuals on the suspicion of drinking and driving, bringing individuals to the police station or jail and informing them that refusing to take a breath test can result in being charged with an additional crime. Again, this entire process occurs without police officers ever having to obtain a warrant to complete the Breathalyzer test.
Supreme Court rulings have upheld criminal charges for refusing breath testing, stating this specific test fits within an exception to the requirement of obtaining a warrant. With that being said, these same rulings have also established that breath testing is the only exception – urine and a DUI blood test for BAC readings still require officers to obtain a warrant, which means they cannot threaten further legal action should individuals in question refuse to have urine or blood testing completed.
Because of this exception, it is easy to see why some law enforcement agencies in various states have moved to only offer breath testing for driving under the influence suspects – this type of testing does not require police to obtain a warrant and allows them the opportunity to press additional charges should drivers refuse to complete the testing. In order for officers to legally conduct either of the other two tests, they would have to follow the Constitution and go through the process of obtaining a proper warrant.
It is also important to note that breath testing for BAC is much less accurate than the alternatives of urine and blood draw screening for DUI, DWI cases that check for both alcohol and drug intoxication levels of a driver. The result of a Breathalyzer test can be affected by a number of different factors including temperature, how individuals blow into the device, the testing room’s environment, and other conditions – these types of additional factors do not affect the outcomes of the other two testing types, which in turn makes them much more accurate.
What Can Be Used As a Good Defense For a Breath or Blood Test Over The Legal Limit of .08 BAC?
There are a number of ways how to defend against a DUI charge from breath or blood test readings over the .08 BAC legal alcohol limit. After being able to first review a driver’s arrest details, certain defenses such as challenging the accuracy of the Breathalyzer test machine used, and challenging the arresting police officer’s reason for why they requested the test in the first place.
Some other possible ways to defend and fight the charge might be raised based on certain violations of a driver’s constitutional rights before taking the breath test. This is another key reason why having a DUI arrest carefully examined as soon as possible is so crucial to finding the best defense in time, when fighting to get the case dismissed successfully. The constantly changing new laws for DUI and DWI are extremely complex, and each person’s own situation will be different in how each particular defense applies to them
The lawyers who review a person’s arrest information online with us, understand what technical defense strategies could arise when a police officer operates the Breathalyzer test that result in the high BAC level of a driver under arrest for DUI or DWI charges. This is because in all breath and blood test cases, there are technical and legal factors in which the police officers are required to follow certain laws about DUI test procedures, and also must respect a driver’s rights under the Constitution.
If after analyzing what happened during a person’s arrest it is found that the police failed to follow proper test guidelines or other rights may have been violated, a driver is much more likely to beat the charges in court and get the case dismissed. An experienced and local defense lawyer will know what to look for when reviewing a driver’s arrest situation online with us, and we believe that all people facing this ordeal deserve the right to defend and prove their innocence, and fight to get the charges dropped as much as possible.
The best DUI attorneys with us have the experience and essential skills it will take to examine the details and find the DUI test errors and mistakes that often compromise the accuracy of the Breathalyzer and blood test results.
What Are The Penalties For a Conviction Of DUI Test Results Reading Over The Legal Alcohol Limit?
In most states for a first DUI offense conviction or guilty plea in 2022, the a minimum cost of fines to expect to pay is $1,200 on average, which is in addition to a DUI criminal conviction that will be on a driver’s permanent record for life. A 2nd DUI or DWI offense or more of driving under the influence convictions will carry a mandatory jail-time sentence, which begin with penalties of 30 days in jail for a repeat offender upon a second conviction. A third-time offender of a driving under the influence charge will carry a minimum punishment of 6 months time in jail on average.
Even for a first-time DUI conviction, most states will also require a mandatory driver’s license suspension from driving anywhere from 3 months to 2 years. Also, as part of the program to get a license back, most driver’s will also have to get and install an Ignition Interlock device in any vehicle they drive. This Interlock device penalty is typically required for at least one year in most states for a 1st DUI conviction. In addition to what the mandatory penalties are as previously mentioned, a conviction for DUI or DWI will also drastically raise how much car insurance coverage and premiums will cost for a period of 5 years afterwards.
The best attorneys for DUI understand how the effects of even a first-time DUI conviction can cause far-reaching consequences throughout a person’s life. Once a person gets the proper legal help by having their arrest details examined by us online, we can then be in best position to discuss with a driver what defenses are available to try and minimize the consequences associated with fighting a breath or blood test reading over .08 BAC charge.
Our compassionate defense lawyers fully realize the stress and high costs that come with dealing with any type of DUI/DWI charges, and it is our purpose to help get the best results possible in a driver’s favor. We know exactly where to look and what to look for when analyzing DUI arrests and understand how each person’s situation is different and unique in nature. Even an improper detail on the police report itself can work in a driver’s favor to help get a Breathalyzer or blood test case dismissed.
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.