DUI: Should You Refuse A Breathalyzer?

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Last Updated on February 12, 2024 by DALA Staff Writer

The minute one sees and hears those telltale sirens behind them and is instructed to pull over; many thoughts and feelings race through the mind, body and soul. The act of being pulled over by an officer of the law makes one wonder what the potential charges will be and some may even have an idea before they even get safely off the road. One of the most common reasons officers pull people over is due to erratic or irrational driving; or perhaps the officer followed the person out of a bar, nightclub or even a party. This is where the prospect of being charged with a DUI comes in to play and one needs to think fast to try and stave off an arrest or even a charge of a DUI which can bring with it costly legal fees and fines.

Breathalyzer Refusal

The more common method officers use to determine if a driver has been drinking is the breathalyzer. This one, handheld device has the power to determine with enough certainty whether one is impaired or not and thus can mean the difference between cooling off in a jail cell or being left go as the reading is not high enough. Some have lobbied to replace breathalyzers and many also choose to refuse taking one as they can be subject to debate in a court of law. This is because a breathalyzer machine is a delicate instrument that needs to be properly maintained, calibrated and cared for if the reading is meant to be accurate beyond a reasonable doubt. Since many feel that if a drink or two could potentially cause a problem then perhaps refusal is a better option and one could exercise their legal right to be escorted to a medical facility or hospital for a more accurate blood draw to be taken.

Accepting A Breathalyzer Test

One may know, right off the bat that they have been drinking too much and hence should not have been driving. This is where one may opt to take the breathalyzer as it places the party in a position where the machine could be called in to question in a court of law due to the irregularities associated with them and it also makes the person come across as being much more reasonable and cooperative. This option is best reserved when one is well aware of their limits and knows that they have broken the law and thus want to get through the process of being tested as fast as possible so that they can move on to the next stage which is to contact a lawyer.

The choice to take or refuse a breathalyzer is a personal choice and one that can produce both positive and negative results based on a host of extenuating factors. This is because faulty breathalyzers as the only proof to support a DUI could result in charges being dismissed and blood tests that are more accurate can buy time for alcohol to dissipate in the systems and also help those right on the legal limit cusp avoid a dreaded DUI that could come with only having a couple drinks during an evening.

Today’s post was written by Thomas J., content writer and blogger for Orl-Law.com. Thomas lives in Orlando, Florida with his Wife and two kids. He enjoys spending most of his free time with his family.

DALA Staff Writer
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