Ultimate Guide to Avoiding and Challenging Breathalyzer Results in Car Stops
Being pulled over by the police while driving under the influence (DUI) can be a nerve-wracking situation. Understanding the steps to avoid and challenge a breathalyzer test can make the difference between avoiding a potential DUI conviction and facing severe penalties. In this guide, we will explore strategies to avoid a breathalyzer test and how to effectively challenge its results in court.
Avoiding the Breathalyzer Test During a Police Stop
The first issue to address is how to avoid a breathalyzer test during a police stop. Here are some tips:
Avoiding Risky Places and Times
Police officers are more likely to monitor for drunk drivers on main roads near bars, concert halls, sports stadiums, and other adult entertainment venues in the late evening and early morning. These times carry a higher risk of a DUI conviction, even if your blood alcohol content (BAC) is within the legal limit.
Cooperate but Be Cautious
When pulled over, demonstrate that you are in control and aware of the situation. Turn off the car, turn on the interior light if it's dark, and put your hands on the steering wheel. Avoid offering incriminating information.
Hire a Attorney
Ask to speak to an attorney if the situation allows. In some states, such as New York and Maryland, you can call an attorney before taking the test. If you take too long, the officer might force you to make a quick decision: take the test or refuse. If you refuse, your attorney can advise based on your specific situation.
Decline Field Sobriety Tests if Possible
Field sobriety tests are not always mandatory. Ask if they are voluntary. If they are voluntary, you do not have to submit to them. Three tests correctly determine sobriety: following an object with your eyes, walking in a straight line, then turning and walking back, and standing on one leg for thirty seconds.
Improve Your Chances of Passing the Breath Test
Even if you're not above the legal limit, you can employ some techniques to improve your breathalyzer results:
Hyperventilate
Breathing rapidly and forcefully before exhaling can reduce the results by 11%. This method works by raising the air temperature in your mouth, which affects how much alcohol the breathalyzer picks up.
Taper Off Early
As you blow into the device, taper off your breath early. Some breath testers trigger to take the sample as the flow decreases, suggesting the breath comes from the deepest part of your lungs. By ending your breath early, you can lower the results. This technique works best if you have a large lung capacity.
Fighting the Breathalyzer Results in Court
Hire a Lawyer
Even if you've been arrested for failing a breath test, you still have the opportunity to defend yourself. Hire a criminal defense lawyer as soon as possible after your release from jail. Contact local bar associations for recommendations if friends and family cannot help.
Draft a Motion to Suppress Evidence
Work with your lawyer to draft a motion to suppress the breathalyzer results. To do this, you'll need to argue that the police gathered the evidence improperly. You must also submit an affidavit listing all relevant facts and request maintenance and calibration records for the breathalyzer device.
File the Motion and Attend the Hearing
After your lawyer files the motion, notify the prosecution. Attend the scheduled court hearing to argue your case. If the motion is granted, the court will suppress the results, neutralizing the prosecution's evidence. Even if the motion is denied, your lawyer may still attempt to discredit the breathalyzer results in trial.