speeding ticket

Breathalyzer Use

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The only breathalyzer information which can be used by a court is that provided by the standard desk machine used in a police station or a blood or other type of chemical test. The desk top machine will give a print out of the BAC and can then be used in court as evidence. These machines are more correctly called intoxilyzers, rather than breathalyzers. The tests are, of course, not immune from error and some drivers think they should refuse their use as they do not trust their inherent accuracy. Equally, some people point blank refuse to take any tests which are being administered by a government agency.

martingale for binary options What happens if I refuse to use a breathalyzer or intoxylizer?

Generally speaking, any prosecutor is likely to assume that if you have refused an alcohol test, then this will be a presumption of guilt. This assumption is based on the premise that a genuinely innocent person, i.e. anybody with significantly less than the now uniform 0.08% BAC level, which is the maximum allowed in all states would not refuse a test. In addition to this, a refusal to take a test will attract an additional charge and will ultimately increase the penalties imposed if the DUI charge holds in court.

There are some significant riders to this. The police officer who has asked you to take a breathalyzer test will normally present a form for you to sign or read out a standard statement which you must agree to if you want to refuse the test. Basically, this is a statement which has outlined your right to refuse a test and that you have done this under your own free will. The police must be able to prove that you refused a test and cannot just claim that this has happened verbally.

binary options You have a right to contact a lawyer before taking a test for alcohol

In any situation in which you are charged with a DUI /DWI offense, before you take a breathalyzer test, you have the right to call a lawyer. The means for you to make a phone call to a lawyer must be supplied and adequate time for you to locate a lawyer must also be provided as well.

The only defense that your lawyer might be able to make in the case that you refuse a breathalyzer test is if you were not given the standard form or statement to sign or if you have not had adequate opportunity to contact a lawyer.

 

 

 

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