People stopped by law enforcement professionals on suspicion of drunk driving are often quite anxious. They aren’t sure what rights they have, and they might make mistakes that increase their risk of prosecution. Some drivers are happy to submit to breath tests. They assume that chemical testing should exonerate them.
However, that isn’t necessarily what happens. In some cases, breath tests become the primary evidence against motorists when they face driving under the influence (DUI) charges later. Drivers who know their rights before traffic stops and those who understand the limitations of roadside breath testing can potentially take steps that limit their risk of a DUI conviction.
What do drivers need to know?
Declining a test can trigger penalties
Drivers have the right to limit what information they provide to officers during a traffic stop. They can also politely but firmly refuse to submit to field sobriety testing. However, once officers have the necessary probable cause to arrest a driver on suspicion of intoxication, chemical testing becomes mandatory.
Under implied consent laws, drivers can face secondary consequences if they refuse a breath test after an arrest. They may face an additional license suspension penalty in addition to any DUI penalties the courts might impose after a conviction. Although officers can’t force drivers to submit to tests, refusing to submit to a breath test can lead to consequences.
Testing isn’t as accurate as people think
Many people put so much faith in chemical testing that they may even question their own recollections after failing breath tests. They may wonder whether they had more than two beers or if there might be other factors in play.
Contrary to what many people assume, breath testing isn’t particularly accurate and reliable. False positives are possible for all kinds of reasons. In some cases, problems with device maintenance or calibration can lead to inaccurate readings. Other times, issues with the person submitting to the test can influence test accuracy.
Undiagnosed type 2 diabetes could lead to false positives. So could adherence to certain diets or the use of certain medications. Even when there are no immediately obvious factors compromising the accuracy of the test, it could still produce a false positive or artificially high test results.
It is often possible to challenge the results of a roadside breath test as part of a broader DUI defense strategy. Occasionally, when there are questions about the legality of a traffic stop, any test results could be subject to exclusion from criminal proceedings.
Discussing what happened before and during a traffic stop with a skilled legal team can help people respond to DUI charges. Defense attorneys may be able to question the accuracy of breath tests in some cases or convince the courts to set the test results aside at other times.