People are scared of breathalyzer test because they have no confidence in the devices that is being used for conducting these tests. Unlike popular belief, there have been cases where breathalyzer tests have not proven to be correct. In other words, there is always a possibility of some error with these tests. The breathalyzer test evaluates the alcohol amount that is there in your blood stream. Most people are not interested in going for breathalyzer test, as they are not really aware of its working and results.
According to recent study, even if there is no alcohol in your blood you can be tested positive in breathalyzer test. If you are suffering from diabetes, heart condition and smoke quite a bit, there is a strong possibility that you will be tested positive in breathalyzer test. Do not opt for breathalyzer test, if you inhale chemicals like paint fumes. Apart from breathalyzer, testing your urine can also evaluate your alcohol levels.
Refusing Breathalyzer Test
Legally, you are given a right to refuse the breathalyzer test but doing this can have a negative impact on your case in the court. Before breathalyzer test, you need to go through number of field sobriety tests. Similar to breathalyzer test, you have an option of refusing these field sobriety tests. Consult with your attorney first before refusing breathalyzer test.
Checking State Laws
Before refusing breathalyzer test, make sure that you check your state laws. There are some US states where refusal of breathalyzer test can cause jail term. It is worth mentioning in this regard that refusing breathalyzer test in some US states is considered as a crime. In some US states, refusing for breathalyzer test can be used as evidence against you. By not going for breathalyzer test, your driving license can also be suspended.
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Why Are People Scared Of Breathalyzer Test | DWI Blog…
The breathalyzer test evaluates the alcohol amount that is there in your blood stream.
Massachusetts has stiff breathalyzer refusal penalties and there is only a 15 day appeal period here. First offenders are revoked for 6 months, 2nd offenders and those under 21 are revoked for 3 years, 3rd offenders are revoked for 5 years, and 4th offenders are revoked for lifetime. However, Massachusetts law requires refusals to be witnessed by a police officer other than the one taking the refusal. The law further requires that refusal reports be submitted under the penalties of perjury. Most Police Departments do not follow this rule. This results in the CTR suspension being vacated as a matter of law. Anyone facing a breahtalyzer refusal license suspension should promptly contact a DUI lawyer. It may be possible to avoid potentially long or even lifetime license suspension
Attorney Brian E. Simoneau
[...] there have been many published and discussed different ways, which is supposed to help pass a Breathalyzer test. These have included suggestions as ridiculous as a penny sucking, chewing a mint, foil lick or [...]
[...] In 2006, an estimated 17, 602 people died in alcohol-related traffic crashes–that’s an average of one every thirty minutes. A national survey conducted by National Highway Traffic Safety Administration reports 23% of teenage drivers involved in fatal car crashes possessed a blood-alcohol concentration level above the adult legal limit of .08 on the breathalyzer test. [...]