Introduction to Evading and Fighting Breath Alcohol Tests During Police Stops

When faced with the possibility of a breath alcohol test during a police stop, it is crucial to understand the legal strategies that can help you either avoid the test or, if you must take it, improve your chances of a favorable outcome. Here, we will explore expert tips on how to avoid taking a breathalyzer test and methods to fight the breathalyzer results in court.

Part 1: Avoiding the Breathalyzer Test During a Police Stop

Avoiding Risky Places and Times

Police officers tend to monitor for drunk drivers in conjunction with bars, concert halls, sports stadiums, and other adult entertainment venues, especially during late evenings or early mornings when people are likely to be driving home after a night out. Even if you are under the legal blood alcohol limit, the risk of a DUI conviction is significantly higher in these scenarios.

Cooperate and Demonstrate Control

When pulled over, it is essential to show clear cooperation and awareness. Turn off the vehicle, turn on the interior lights if necessary, and place your hands on the steering wheel. Be courteous without offering any incriminating information. Avoid admitting anything that might suggest you have consumed alcohol.

Request Legal Counsel

In some states, like New York and Maryland, you have the right to ask for legal counsel before agreeing to a breathalyzer test. If you take too long to request an attorney, the officer might interpret this as refusal. Delay might not help if your BAC could still be rising, especially if you have been drinking heavily or without food.

Decline Field Sobriety Tests

The majority of states allow you to decline field sobriety tests. These tests include activities like standing on one leg or following a pen with your eyes, which may be more subjective and risky. If the officer asks if these tests are voluntary and their answer is negative, you do not have to comply.

Make an Informed Choice

Understand that refusal to take the roadside test preliminary breath test can result in additional penalties. Every state requires you to either take the test or face a suspension of your driver's license. If you are extremely intoxicated, charges could be based on the state's specific laws.

Part 2: Improving Your Chances of Passing

Hyperventilation

Hyperventilating by breathing rapidly and forcefully before exhaling can reduce the breath alcohol test results by 11%. This technique works by raising the temperature of the air in your mouth, which can affect how much alcohol the breathalyzer picks up. This method may be beneficial if your BAC is just above the legal limit.

Taper Off Early

If the breathalyzer does not detect any alcohol in the first few attempts, stop trying to trick the machine. The officer could consider repeated attempts as a refusal, which can lead to a DUI conviction. This method works best if you have a large lung capacity and need to expel approximately 30% for men or 40% for women of your maximum exhale.

Part 3: Fighting the Breathalyzer Results in Court

Hire a Lawyer

Following an arrest for a failing breathalyzer test, you have the right to defend yourself. Contact a criminal defense lawyer as soon as possible to discuss your options. Many communities have lawyers specializing in DUI charges. Alternatively, you can contact your state bar association’s lawyer referral service for recommendations.

Draft a Motion to Suppress Evidence

Discuss with your lawyer the possibility of drafting a motion to suppress the breathalyzer results. You need to persuade the judge that the police gathered the evidence improperly. This involves creating a pretrial motion with a factual basis and drafting a memorandum of law. File this motion with the clerk of court before the trial date, if possible.

Supervise the Submission and Proceedings

Serve the prosecution with a copy of the motion and all attachments. After filing, attend the scheduled hearing where both sides can argue their cases in front of a judge. If the prosecution files a responsive motion, carefully read it before the hearing. This document will provide insights into the prosecution’s strategy.

By following these expert tips, you can better navigate the complex legal procedures surrounding breath alcohol tests and improve your chances of maintaining your driving privileges and avoiding a DUI conviction.