The most common means of measuring blood alcohol content is the breathalyzer. If you have taken a breathalyzer and your reading is above .05, you will be charged with OUI. If the reading is between. .05-.07 percent, there is no legal inference of intoxication, one way or the other. A reading of .08 or above however raises an inference of intoxication.

How it works

The suspect breathes through a tube into the breathalyzer machine which uses an infrared light to measure the presence of alcohol in the lung air. The level of light absorbed by the alcohol is translated into a blood alcohol level and printed on ticket. After the suspects breath is analyzed, the machine tests a known alcohol solution. The controlled experiment should yield .14 ,.15, or.16 (if not the test is invalid). Finally the suspect again breathes into the machine. The second result must be within .02 of the first test or else the entire test is invalid.

See a test at R & E Enterprises, LLC, a company that distributes disposable breath-alcohol detectors.

Refusing the test

A driver may refuse to take the breathalyzer. However this refusal automatically results in a driver's license suspension for 120 days for a first offense, 180 days for a second offense and a year for a third offense. A person has the right to be warned of the consequences of refusing the test but not the consequences of failing the test which are more severe.

In General you should not take a breathalyzer. However if you are a 1st offender, taking the test may allow an attorney to get your drivers license back within 45 days instead of 120 days.

Many experts believe that breathalyzers are inaccurate and fundamentally incapable of ascertaining a person's true blood alcohol content. The basic premise of the breathalyzer is that a person has 2,100 times as much alcohol in their blood as in their breath- a premise experts contend is debatable. The breathalyzer is also notoriously difficult to administer accurately due to poor maintenance. If you have taken a breathalyzer your lawyer may want to hire an expert to contest the validity of the results.

If you have taken a breathalyzer

A lawyer can attack the results as failing to comply with many regulations governing the machine and test. Some avenues of attack include: the test was not conducted by someone certified as a breath test operator, use of an uncertified breathalyzer, the tests results were not properly recorded, the machine was not properly calibrated, the test solution was old and expired, the test was not administered properly, and the suspect was not watched for 15 minutes before taking the test. Also if the test is taken and it is a first offense, counsel may be able to restore your license within 45 days rather than the mandated 120 day license loss.

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