Breathalyzer
Breathalyzer Test Results are the Most Common-and Most Powerful-Evidence in Most DUI Cases
In every state, it is now a crime to operate a vehicle with a BAC (blood alcohol concentration) of .08% or greater. Under some circumstances, you may be convicted of DUI or a related crime with a lower BAC. As breathalyzer test machine technology advances, many law enforcement agencies have portable roadside units that provide results considered reliable enough to be admitted in a DUI prosecution.
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You May be Able to Challenge your Breathalyzer Test Results
You may have heard that a BAC reading of .08 or greater means an automatic conviction-and in a sense that's true. If the test result is reliable and admissible, a reading of .08 is sufficient for a conviction regardless of whether or not you show other signs of impairment.
However, those "ifs" are significant. There are a variety of reasons breathalyzer test results might be subject to challenge. The machine itself might be unreliable or might not have been properly maintained. The test may not have been conducted properly, or the evidence may not have been preserved as the law requires.
A local DUI lawyer can discuss your breathalyzer test with you and assess your case for possible weaknesses. If you have been arrested or charged with a DUI offense, call our 24-hour toll-free hotline at 1 (877) 349-1311 to speak to an experienced DUI lawyer.
You can also take our free online case assessment. Simply enter some details about your DUI case in our secure online form and we'll contact you to arrange a free consultation with a DUI attorney in your area.
In the meantime, learn more about breathalyzers and BAC at our More Breathalzyer Info page. From our other core pages detailing related aspects to breathalyzers to our latest articles on current news concerning breath tests, this page is a comprehensive resource for learning more about breath tests.
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*The basic formula for estimating a person's blood-alcohol concentration comes from The National Highway Traffic Safety Administration. Each drink in this calculation assumes a volume of .54 ounces of alcohol (one shot of distilled spirits, a glass of wine, or 12 ounces of beer).
Important Note: There is no blood alcohol calculator that is 100% accurate because of the number of factors that come into play regarding the consumption and reduction (burnoff) rates of different people. Factors include differing metabolism rates, various health issues and the combination of medications that might be taken, drinking frequency, amount of food in the stomach and small intestine and when it was eaten, elapsed time, and others.
Disclaimer: This is in no way purported to be a guideline for how much you can drink and still drive or avoid being arrested! The best policy is don't drink & drive.