A Driving Under the Influence charge comes after someone has been pulled over and is determined to have a blood alcohol content over .08%.
If a police officer pulls someone over and they are suspected of being intoxicated, the officer may request they perform a series of field sobriety tests. These tests consist of things such as walking in a straight line or reciting the alphabet backwards.
If the officer thinks the person is over the legal limit, they will read him/her chemical test rights.
When you sign for your driver’s license, there is something known as “implied consent.” This means that if you are arrested as an impaired driver, you consent to take a chemical test. If you refuse to take a chemical test, your license may be revoked or suspended for up to a year.
What are Chemical Test Rights? These rights inform you about what will happen if you do not take the test. It also tells you that a blood or urine sample may be obtained so you can conduct your own chemical test.
In most states, if the person allows the officer to administer the chemical test they will have a choice between a breath test and an alcohol test. In some states, a urine test is also an option. To research more about this topic, contact a skilled defense lawyer.
Most people have heard of a Breathalyzer. This is what the officer may use to administer a breath test. However, Datamasters are becoming more in common in a growing number of jurisdiction. The Datamaster is newer technology and is easier to use than a Breathalyzer.
On a Breathalyzer test, the officer must read a needle on the machine. This test is subjective, and not always accurate. But on a Datamaster, a ticket is printed out that shows your test result, meaning that the data does not have to be interpreted.
There are some things that can mess up a breath test. These are:
- Taking Medications for Ulcers, Diabetes, Asthma (and other conditions)
- Recently Vomiting
- Open Sores or Wounds in the Mouth
- Dental Bridges or Caps
If any of these apply to you, you should tell the officer before the breath test is administered.