When a person is arrested for DUI, they are often asked to blow into a breathalyzer machine. The machine is designed to measure the level of alcohol in the person's breath, which can be used as evidence in court. However, it is common for officers to ask the individual to blow into the machine multiple times before getting an accurate reading. This article will discuss why a person may need to blow into the breathalyzer multiple times and what differences it could make in a DUI arrest.
When a person is pulled over for suspected DUI, the officer may ask them to perform a field sobriety test or a breathalyzer test. The breathalyzer test is one of the most common tests used to determine if a person is under the influence of alcohol. However, the results of the test can be affected by various factors, such as the person's physical condition, the machine's calibration, and the environment. As a result, officers may ask the person to blow into the machine multiple times to get an accurate reading.
One reason an officer may ask for multiple breathalyzer tests is to ensure the accuracy of the results. The breathalyzer machine works by measuring the amount of alcohol in a person's breath, but the machine can produce inaccurate results if the person does not blow into it properly or if the machine is not calibrated correctly. By asking the person to blow into the machine multiple times, the officer can ensure that the readings are consistent and accurate.
Another reason for multiple breathalyzer tests is to account for the "rising blood alcohol" defense. This defense argues that a person's blood alcohol level was below the legal limit when they were driving but increased after the stop due to the absorption of alcohol in the bloodstream. By taking multiple readings, the officer can see if the person's blood alcohol level is rising or falling, which can help in determining if the person was intoxicated at the time of driving.
The results of a breathalyzer test can have a significant impact on a DUI arrest. If the person's blood alcohol level is above the legal limit, they can be charged with DUI, and their license can be suspended. However, if the person's blood alcohol level is below the legal limit, they may avoid a DUI charge, but they could still be charged with reckless driving or another traffic offense.
Multiple breathalyzer tests can help the person's case by providing more evidence to support their defense. For example, if the person's blood alcohol level is below the legal limit on the first test but increases on the second or third test, it can be used to support the rising blood alcohol defense. Additionally, if the officer did not follow proper procedure or if the machine was not calibrated correctly, the results of multiple tests can be used to challenge the accuracy of the readings.
Getting arrested for DUI can be a scary experience, and the results of a breathalyzer test can have a significant impact on the case. By understanding why an officer may ask for multiple breathalyzer tests and how the results can affect the case, individuals can be better prepared to defend themselves against a DUI charge. It is essential to consult with a criminal defense attorney to ensure that the case is handled correctly and to explore all legal options available to the individual.