People often think that breathalyzers in Brunswick DUI cases are more important than they actually are. Breathalyzers are the preliminary breath test where a person can blow into on the side of the road, but that result is not admissible in the lower court.
However, it is cause for an arrest for DUI on the side of the road. So while a breathalyzer result is useful in gauging whether someone is under the influence or not, and making a DUI arrest, the result is not actually admissible in court.
If you face DUI charges, and wish to know more about breathalyzers and the role of breathalyzer results in your case, contact a knowledgeable DUI attorney.
That equipment is going to be used on the side of the road. The actual test that is going to determine the person’s blood alcohol content that is entered into court is a different machine that is more accurate in its accuracy and is used in the Department of Forensic Science.
Some common misconceptions about breathalyzers in Brunswick DUI cases is that they are merely inaccurate, but they are generally pretty accurate.
Also, people tend to offer all kinds of testimony and information, such as how many drinks they had, or even when the last time they drank was. They are not admissible in court but the officer has a really good idea that if the person is under the influence or not.
There are a couple of things to keep in mind when it comes to the use of breathalyzers in Brunswick DUI cases. One thing to keep in mind is that there are a couple of medical conditions that can result in false positive like high blood sugar.
They can lead to some inaccurate BAC results as well as people with certain conditions; some people have a GI tract that actually creates yeast which can again give a false positive in a field sobriety test.
People generally think of the breathalyzer as the machine that a person blows into on the side of the road. Breathalyzers in Brunswick DUI cases are not as weighty in terms of their impact, as people think. The results of a breathalyzer test are not actually used as evidence in court.
The courts are not commonly questioning officers on how often they are calibrating that equipment because that is not the equipment that is used to give that magic number.
The intoxilyzers are used as governed by the Department of Forensic Science and they are much more meticulously calibrated to make sure that they are working accurately.
It is the cost-benefit analysis of the potential harm which is common in the legal field. They are not perfect. Someone might get false results, someone might get inaccurate results, but breathalyzers can also save lives by getting drunk drivers off the road. This is a big push nationally to do that, even at the expense of not having perfect equipment.
The breathalyzer and intoxilyzer are used interchangeably but they are two different things. Breathalyzers in Brunswick DUI cases are not as important because breathalyzers do not get used in court. They do not have to challenge it because breathalyzer results are not admissible, unlike intoxilyzer results.
If a person wants to challenge the intoxilyzer result, that number 0.08 or higher, the best way to do that is to require a subpoena from the lab technician from the Department of Forensic Science to come to the person’s jurisdiction to testify as to how those results were obtained. That is where a person would want to start.
Another step in disputing intoxilyzer results is retaining the services of an experienced DUI lawyer. By working with a lawyer well-versed in DUI policies, you can ensure you are working with someone who will build you a solid case.
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