The National Motorists Association estimates that there is an error rate of about 50 percent when comparing Breathalyzer results of blood alcohol content against blood tests that determine actual BAC. Many factors can affect the results, and you should be aware of them if you are ever charged with DUI. Here are some of the ways a Breathalyzer test could be compromised:
If an Ann Arbor police officer believes a driver is operating a motor vehicle under the influence of alcohol and/or drugs, he/she will request for the driver to take a series of field sobriety tests. Depending on the results of the field sobriety tests, the officer will arrest the driver and take him/her down to the police station or a hospital to administer a breath or blood test.
If you have ever been pulled over by police for any reason, you probably know just how stressful and scary the situation can be. Especially if you are pulled over after consuming alcohol, it can be hard to know what to do to protect yourself from potential criminal charges. One thing that people are often uncertain about is what their rights are with regard to alcohol testing.
The Supreme Court of the United States (SCOTUS) recently rejected a motorist's challenge to the reliability of the machine used in California to test the blood alcohol content (BAC) of drivers. The justices denied review of a state Superior Court ruling that concluded that the machines are accurate and can be used to determine if whether a driver's BAC was over the legal limit of .08%.
Driving while under the influence has become a common driving offense for many Michigan residents. Many individuals facing DUI or DWI charges know how expensive and life-damaging the charge can be. For many offenders, DUI's can cost them their careers by having their driver's license suspended or revoked. For one veteran convicted of DUI, he recently lost more than just his license.
Having multiple DUI offenses in the state of Michigan can result in serious consequences. After a third offense, offenders may be left with a permanent felony DUI conviction on their record that can cause future hardship. It is important for citizens to know their rights when accused of a DUI. One Dearborn Heights man faces DUI suspicion after an alleged hit-and-fun last week.
Most Ann Arbor residents know that drunk driving laws in Michigan are very strict. If police suspect that a driver is intoxicated, they may ask the driver to take a breath test. One who refuses to take this test will automatically have their driving license suspended under state law. If police suspect a DUI, they have the right to arrest a driver and to take a blood sample for a chemical test.
An attorney is seeking to have at least 30 DUI cases thrown out of a local court due to inaccurate breath test readings that were used to convict the suspects. A two judge panel has heard the evidence and will soon make a determination.
Accusations of drunk driving may lead to serious ramifications in Michigan, including a license suspension, points on a driving record and fines. However, even when drunk driving does not cause injury or death to oneself or another party, the alleged drunk driver could still face serious penalties.
It is sometimes hard for people to tell when they have had enough to drink to be over the legal limit. However, when they do, they run the risk of facing DUI allegations if they drink and drive. Sometimes it can take as little as a drink or two with dinner to expose a person to the 0.08 limit. Sometimes, however, police wrongly believe a person is intoxicated.