Breath Testing

Breath testing is oftentimes a step involved in a Branford DUI arrest. A police officer may request that you take a breath test to determine if you have been driving under the influence of alcohol. Here, you can learn more about the science behind the breath test, implied consent laws, and factors that could make breath tests inaccurate.


Once a person is arrested in Branford for DUI, they will be asked to submit to a blood alcohol content (BAC) test, which is a breathalyzer test. Failure to do this violates the implied consent law in Connecticut and carries its own consequences separate from the DUI arrest consequences. On this page, you can learn more about the breath test and if you should take it if you are prompted to do so by the police.

Should You Take the Test?

A breathalyzer test is a machine that has a small mouthpiece. If asked to take the test, you will be instructed to blow through it in a certain manner. One may refuse to take a breathalyzer, which may prevent the prosecution from obtaining certain evidence, but will also result in a suspension of the license automatically through the DMV. If one fails the BAC test, they will also have their license suspended through the DMV. These issues arise as a result of Connecticut’s implied consent law. So, there are pros and cons to taking or refusing the test.

Science and Testing Issues

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The science behind the BAC test is what is referred to as Henry’s law, which is defined as a gas that dissolves in a volume of liquid, which is directly proportional to the pressure of the gas provided. This creates a ratio, which is judged based on the legal ratio of 2100:1.

However, this system is imperfect as body weight, general size, and other human attributes may affect the reading. Scientists claim that up to a 0.03% error is inherent in all breathalyzers when adjusted to account for these attributes. Furthermore, medical issues like diabetes, certain medications, and body temperature are all possible defenses to the BAC results as well. These issues can alter the test results and make them inaccurate.

The other main factor to consider when dealing with BAC tests is the maintenance and calibration of the breathalyzer. Without proper calibration of the device, the test results are unreliable. In order for the test to be deemed reliable and thus admissible in court, certain steps and guidelines must be met by law enforcement. Among these guidelines are that the system must be properly maintained and checked for accuracy at regular intervals.

The test must be administered by one who is certified to do so, with the requisite training. Furthermore, the officer must ask the subject if they have thrown up, eaten food, or smoked before taking the test. These things could interfere with the results of the test. Also, the officer must ensure there are two measurements within .02% of each other for the test to be deemed reliable.

Branford DUI defense attorneys know how to make sure the BAC test was administered properly, and if not, how best to attack this evidence. You should contact Lady DUI today to speak with a lawyer about your situation.

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