DUI Definition
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Breathalyzer Test
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Home
BAC
Breathalyzer Test
FST's
License Suspension
Free Case Evaluation
Breathalyzer Test Definition
If you are pulled over by a police officer who suspects you are under the influence of alcohol, a
breathalyzer test may be used to determine your level of intoxication
.
In order to do this, the test must calculate the amount of alcohol in your bloodstream, or blood alcohol content (BAC)—and if your results indicate
your BAC is above the legal limitation
in your area, you can expect to be arrested and charged with driving under the influence (DUI).
As the name suggests, a breathalyzer test uses a person’s breath to determine his or her blood alcohol content. To perform the test, you must submit a breathe sample by
blowing into a tube on the testing device
. If the breathalyzer detects alcohol, it will use the amount of alcohol in your breathe sample to determine the ratio of alcohol to blood in your system. This number will then be converted to a percentage, and the final measurement becomes your BAC.
In most states, the legal BAC limit is 0.08%. As a result, anyone whose breathalyzer test results indicates a BAC of 0.08% or higher can be arrested for drunk driving, regardless of his or her driving abilities.
However, many states have recently passed zero tolerance laws to prohibit drivers from operating a vehicle with any amount of alcohol in their system at all (which means drivers in these areas can be charged with DUI for having a BAC above 0.00%).
Although breathalyzer tests are the most commonly used method of determining a person’s BAC, blood and/or
urine tests may also be used in certain areas
. It is important to know that, due to implied consent laws, you are legally required to comply with any officer who asks you to perform one or more of these chemical tests. In fact, many state laws impose
harsher penalties for drivers who refuse the test
than for those who take the test and fail.
If you were recently arrested for DUI after failing or refusing to take a breathalyzer test, it is important to obtain legal representation immediately. In many cases, a skilled defense attorney may be able to challenge your test results and help you avoid the many criminal penalties that are often associated with a
drunk driving conviction
.
To start planning the best strategy for your case,
finish a free online case
questionnaire today to find an experienced DUI defense attorney in your area.
States and Cities:
AK
Alaska, Anchorage
LA
Louisiana, New Orleans
OH
Ohio, Cincinnati
AL
Alabama, Montgomery
MA
Massachusetts, Boston
OK
Oklahoma, Tulsa
AR
Arkansas, Little Rock
MD
Maryland, Baltimore
OR
Oregon, Portland
AZ
Arizona, Phoenix
ME
Maine, Portland
PA
Pennsylvania, Philadelphia
CA
California, Los Angeles
MI
Michigan, Detroit
RI
Rhode Island, Providence
CO
Colorado, Denver
MN
Minnesota, Duluth
SC
South Carolina, Charleston
CT
Connecticut, Hartford
MO
Missouri, Branson
SD
South Dakota, Sioux Falls
DE
Delaware, Wilmington
MS
Mississippi, Jackson
TN
Tennessee, Nashville
FL
Florida, Orlando
MT
Montana, Bozeman
TX
Texas, Houston
GA
Georgia, Atlanta
NC
North Carolina, Charoltte
UT
Utah, Salt Lake City
HI
Hawaii, Honolulu
ND
North Dakota, Fargo
VT
Vermont, Burlington
IA
Iowa, Des Moines
NE
Nebraska, Omaha
VA
Virginia, Richmond
ID
Idaho, Boise
NH
New Hampshire, Portsmouth
WA
Washington, Seattle
IL
Illinois, Chicago
NJ
New Jersey, Newark
WI
Wisconsin, Milwaukee
IN
Indiana, Indianapolis
NM
New Mexico, Albuquerque
WV
West Virginia, Charleston
KS
Kansas, Kansas City
NV
Nevada, Las Vegas
WY
Wyoming, Cheyenne
KY
Kentucky, Lexington
NY
New York, New York
DC
Washington DC