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Legal Advice About the DUI Breathalyzer Test and its Legal Limits

Written by Ryan Heavican

Topic: Legal ServicesPublished December 7, 2010
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The results of breathalyzer tests may be legally challenged on scientific grounds. However, this scientific knowledge is extremely hard to come by. Ensure that you get the help you need to mitigate the consequences of your DUI charge. A Lakewood DUI attorney can ensure that the rights of the accused are protected whenever a citizen is charged with DUI. Driving Under the Influence (DUI) is a serious offense. While normally considered a misdemeanor, many municipalities will consider DUI charges a felony if destruction of property or repeated offenses occur. Our society views DUI offenses as very serious. However science has not caught up with enforcement. The methods police officers use to determine if a driver is 'under the influence' range from very subjective sobriety tests to objective, but flawed, methods like the breathalyzer. If you were given a breathalyzer test before being charged with a DUI it is imperative you speak with a Lakewood DUI attorney about the problems associated with these tests. If a breathalyzer test was administered incorrectly, it could mean you are being unjustly charged with the crime of DUI. A Lakewood DUI attorney will help determine if the facts of your case warrant a closer look at the accuracy of the breathalyzer test. Breathalyzers work by attempting to measure the amount of ethanol in the body. Breathalyzers measure the ethanol absorbed by the mouth, throat and lungs. Ethanol is associated with alcohol-related impairment but can actually be present in the body because of other factors unrelated to alcohol. Because DUI's are serious offenses more and more police officers are using breathalyzers as a cheap way of analyzing impairment of drivers. However, the high demand for these machines has meant many engineering shortcuts are taken when designing the breathalyzer machine itself. This leads to inaccurate readings and many unjustly accused drivers. A Lakewood DUI attorney will investigate the problems associated with specific breathalyzer machine manufacturers to determine if the police evidence against the accused is sufficient to be used in court. In the event there is no proof of a DUI a Lakewood attorney can work to make sure the charges will be dropped. The lack of certainty associated with breathalyzer tests makes the prosecutor's job of proving guilt "beyond a reasonable doubt" difficult. This is why you should never accept a plea deal or make statements to the police without first consulting a Lakewood DUI attorney or by getting free legal information directly from local attorneys.

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About the Author

Ryan Heavican studied law at UC Berkeley and am a Southern California writer.