Friday, September 14, 2012

How Accurate are Roadside Breath Analyzers? - Criminal Defense ...

Last updated 10 hours ago

Being stopped for a suspected DUI can be an extremely nerve-racking experience, even if you have not been drinking. A good way to prepare yourself is to brush up on your legal rights and your state-specific guidelines for roadside sobriety testing. Continue reading to learn just how accurate?or inaccurate?roadside breath analyzers can be and why having a DUI defense attorney on your side is so important:

A roadside breath analyzer is not the same test as the mandatory chemical blood test performed once you are under police custody. Roadside breath analyzers are tools used by police officials as a preliminary screening method to assess whether a driver may be over the legal alcohol limit or under the influence of drugs. In addition to requesting that you complete a preliminary roadside breath test, police officials may also request that you complete a preliminary impairment test. During this test, you will be asked to complete certain tasks such as walking a straight line, touching your index finger to your nose, or following the officer?s flashlight with your eyes. However, these field sobriety tests do not have a pass or fail scale, meaning that they can only hurt your case, as they provide the officer with probable cause for arrest.

Roadside breath analyzer tests are performed using a special device designed to detect the presence of alcohol as you exhale. These tests, however, do not provide an accurate reading or even establish your BAC, and therefore, are not reliable sources of evidence when it comes to making a conviction. While the state of Pennsylvania enforces a one-year license suspension for individuals who refuse to submit to chemical tests of blood, breath, or urine once they reach the police station, you are not obligated to complete any type of field sobriety test, including a roadside breath analyzer screening.

Hiring an attorney immediately after being stopped for a suspected DUI or DWI will not only protect your legal rights but can also eliminate inaccurate roadside sobriety testing from your case. For more information on how to handle a DUI charge, contact the DUI defense attorneys with the Law Offices of David S. Shrager at (412) 567-5833.?

Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Source: http://www.davidshragercriminallaw.com/545381/2012/09/13/how-accurate-are-roadside-breath-analyzers-.html

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