Brunswick County DUI Breathalyzers
Brunswick County DUI breathalyzers are the main method of measuring blood alcohol levels (BAC). This machine is used by a person blowing into it and the officer reading the results. A person with a BAC of 0.08 or above is considered intoxicated. People do have the right to refuse a breathalyzer test and the officer needs to inform them of that right. However, the refusal of a breathalyzer test can lead to a one-year driver’s license suspension. Therefore, many people choose not to refuse a test.
Read below to learn more about Brunswick County DUI breathalyzers. And if you have any questions, consult with an accomplished DUI attorney.
Are Breathalyzers Reliable Instruments?
DUI breathalyzers are considered reliable instruments in Brunswick County. It has been the primary BAC measurement in Brunswick County for a long time, and their reliability is generally unquestioned by the prosecution and court.
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In general, breathalyzer accuracy has gone unchallenged in Brunswick County. There have been recent news articles as well as other investigations that call into question the reliability of breathalyzer tests, but so far, that has not been persuasive to the courts of Brunswick County. However, there are times when a Brunswick County DUI breathalyzer can lead to a false positive or inaccurate reading.
False Positives or Inaccurate Breathalyzer Results
Mouth alcohol can be present and may result in a false positive for a breathalyzer test, and that includes any time after someone has belched or vomited prior to taking the test. Law enforcement is supposed to maintain a 20-minute observation period in which they are present with the driver to ensure that none of that has happened. Drinking after someone is first pulled over could affect the BAC results. Chewing gum, mouthwash, and cold medicine can all effect false positives. Also, an inaccurate reading can be shown if there was the improper use of a breathalyzer and if it was not calibrated correctly.
Calibrating Breathalyzer Machines
The Department of Forensic Science in Richmond keeps up with the calibration schedule for breathalyzer machines in Virginia. They maintain a regular calibration schedule and they are calibrated annually, at a minimum, with the Department of Forensic Science. The local police department maintains some of the records, but the Department of Forensic Science is the main operator when it comes to keeping track of records of a machine and its calibrating schedule.
Challenging Breathalyzer Results
It is possible to challenge breathalyzer results in court. Depending on the circumstances, a person should make sure they inform an attorney of the reasons why they think the breath test was erroneous so that the attorney can present that evidence in the most persuasive manner possible during the trial. There are known issues of breathalyzer false positives, and the more facts that a lawyer has to support a false result, the more likely we will be to succeed.
If you have any questions about Brunswick County DUI breathalyzers and your rights, you should reach out to a dedicated criminal lawyer today. Let us explain your rights and help you fight against DUI charges.