Breathalyzer Testing

Breathalyzers are science-based electronic devices that are designed to read and compute blood alcohol levels based on breath. There are different types of breathalyzers. Some are designed with fuel cells that generate an electric current, while others use infrared light or chemical reactions.

The average person has no idea how these scientific electronic devices work, so many people tend to blindly trust whatever reveals. But like all manufactured commodities, especially electronic ones, design flaws and happen. In such a case, breathalyzers might incorrectly or inaccurately process the blood alcohol concentration in a person’s breath.

Breathalyzer Test Reliability

So, how reliable are these breathalyzers? Possibly not so much, at least not all the time. According to a post in the New York Times, thousands of people have been arrested based on flawed breath testing results over the years, and courts across the country have thrown out more than 50,000 tests.

As most fragile computer-based electronic devices go, breathalyzers require routine maintenance and care, including precise calibration. Not only must these devices be set up properly, but they must also be used correctly and by a certified operator. And the unfortunate truth is that the standards for proper breathalyzer usage and maintenance are not highly regulated.

Most law enforcement agencies are not monitored on how well they take care of or calibrate their BAC-measuring machines, how well they train their staff to use them, and how well they store their data. With all of these factors at play, there are many variables that can cause breathalyzers to compute inaccurately, and therefore, give unreliable BAC test results.

Get Yourself a Lawyer After Failing a Breath Test

Unfortunately, most law enforcement officials will take whatever reading the breathalyzer gives them and use it as just cause to arrest a person for public intoxication or drunk driving. For this reason, it is important to obtain professional and private criminal defense legal representation to fight your criminal charges. Good criminal defense attorneys have the resources, knowledge, and skills to reduce your charges or dismissed them entirely based on an unjust arrest.

Are you ready to preserve your freedom by getting started on your defense now? Contact Attorney David E. Lewis at 317-636-7514 for the best chance at reducing or dismissing your public intoxication or DUI charges in Indianapolis, Indiana. We represent clients all throughout the state of Indiana.

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If you have ever been administered a breathalyzer test, you are familiar with how it works. Simply blow into the tube until you hear the beep. Then after a minute, a reading will appear. If a person is over the legal limit for alcohol, they will be arrested and detained for intoxicated driving. If they are not over the legal limit, they are generally issued a warning, or the police officer may choose to investigate further. Either way, it is important to know what a breathalyzer is and its purpose in law enforcement. Many people have questions about chemical tests, understandably, and are curious to find the right answers.

Continue reading to review some of the most frequently asked questions about breathalyzer testing, and who to trust for DUI criminal defense in Indiana.

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Indiana Breathalyzer Testing FAQS

What is a Chemical Breath Test and What are They Used For?

If you are a licensed driver, you should be aware of Indiana DUI laws. When a person is pulled over for suspicion of intoxicated driving, one of the first things a police officer will administer is a chemical test, also known as a breath test. And these tests are implemented with a device called a breathalyzer.

Although they are likely to perform field sobriety tests as well, it is the breathalyzer that truly defines a driver’s toxicity levels, which is why they are used so predominantly in the force. In fact, the Indiana legislature has an entire administrative code (260 IAC 2-1) section drafted specifically for chemical testing. It addresses everything from how they are certified and how they should be administered, to who can administer them and more.

What are the Legal Limits for Alcohol and Driving in Indiana?

There are three specific limits to alcohol levels in the system when operating a motor vehicle, but one of them is not legal at all. For minors, a driver is considered legally intoxicated if they test over 0.02% blood alcohol level. If they test below this number, they are still breaking the law since they are not old enough to drink. But they cannot be charged with a DUI since they did not blow over the 0.02% limit. As for adults, the legal limit is 0.08% and under, and for commercial drivers, the limit is 0.04 percent.

Who Can Order and Administer a Breathalyzer Test?

Although as a driver under investigation for drunk driving, you can certainly request a breath test over a field sobriety test, but this does not mean the officer will always oblige. The only authority that is allowed to order and administer a chemical test is a police officer or someone employed by the police academy.

How are Qualified Authorities Trained in Breath Testing?

In order for officers and other authoritative figures to be certified in breath and chemical testing, they must pass a training program that covers several topics. Topics include the legal aspects of breath testing, the pharmacology and toxicology of ethanol, the operation, maintenance, and theory of breath testing equipment, and the ethanol-water and ethanol-gas industry standards for using chemical testing instruments. Authorities must be re-certified every two years and maintain good-standing employment.

Who Should You Talk to About Your Breathalyzer Rights?

Contact an experienced and trusted Indiana criminal defense attorney in your city for accurate information regarding your rights under law enforcement detainment. If your breathalyzer was administered improperly or unjustly, it could be thrown out of trial. A licensed criminal lawyer can help you protect your rights and your freedoms after being pulled over for drunk driving in Indiana.

Are you facing OWI charges in Indiana and wish to dismiss or reduce them? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive DUI defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your charges!

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Are Breathalyzers Reliable at Proving Intoxication?