If you are pulled over by an officer who suspects that you are driving while intoxicated, you should think twice before submitting to a breathalyzer test. There are plenty of instances when agreeing to blow is the wrong decision.
When To Take A Breathalyzer Test
Never… It only makes sense to submit to a breathalyzer test if you have not consumed alcohol. If you have consumed absolutely no alcohol during the day/night, the breathalyzer is your chance to prove your innocence. If you are perfectly confident in your sobriety even though you have consumed alcohol before getting behind the wheel, consider the following information.
The typical person processes around .02 percent BAC in an hour. This equates to a single beer, one glass of wine or a shot of liquor. Consume two drinks in a short period of time and your BAC will read .04 percent. It will take at least two hours for your BAC to return to zero. If you are capable of doing this type of math before stepping foot in your vehicle or in the aftermath of being pulled over, it might make sense to submit to the breathalyzer. However, it is prudent to abide by the following mantra: When in doubt, do not blow.
When Refusing To Take A Breathalyzer Test Makes Sense
Always… If you have consumed alcohol before being stopped by the police, it is probably not in your best interest to submit to the breathalyzer test. Most of those who've consumed alcohol have no idea what their blood alcohol content actually is. If you are even slightly above the legal limit, you will be arrested and charged with DWI. If you don't weigh much, drinking a few beers prior to stepping into your vehicle might be enough to put you over the legal limit.
It does not matter if you have an extraordinarily high tolerance for alcohol or how much food you ate for dinner. If you are even slightly above the legal limit and consent to blow, you will have provided the police officer with the evidence he needs to prove that you were driving while intoxicated.
It is also important to mention that those who are afflicted with diabetes and even some dieters might test higher than the average individual. The bodies of diabetics/dieters generate ketones that can artificially spike one's BAC reading during a breathalyzer test.
If you have been charged with driving while intoxicated or if you are dealing with the legal hurdles in the aftermath of refusing to submit to a breathalyzer test, don't attempt to prove your innocence on your own. Reach out to Stockard, Johnston, Brown & Netardus, P.C. today to schedule an initial consultation.