Breath Testing

When a police officer suspects someone of operating their motor vehicle under the influence of alcohol in Norwich, they will likely pull them over and investigate further. Common signs that might indicate drunk driving and lead to a traffic stop include swerving in and out of lanes, failure to drive with headlights on at night, excessive slow or fast speeds, and more. The police can pull a driver over for any traffic violation and investigate the potential of driving under the influence further. If a police officer thinks that you could be driving impaired, they may ask you to take a breath test. You can learn more about Norwich breath testing here.

Testing For Intoxication

There are many different types of tests that the police can employ if they are trying to determine your blood alcohol content (BAC). These include breath tests, urine tests, blood tests, and standardized field sobriety tests. Keep in mind that Connecticut operates under an implied consent law. This law says that by driving on Connecticut roads, you imply to give consent for a breath test if prompted to do so by the police. This implied consent law does not apply to other types of tests, such as standardized field sobriety tests, but it does come into play when dealing with the breath test.

If you are asked to take a breath test and you refuse, your driver’s license will automatically be suspended because you will be in violation of the implied consent law. So, there are consequences to refusing the breath test.

Connecticut’s Breath Tests

While law enforcement and prosecution will have you believe that breath testing is extremely scientific and accurate, this is not the case. There are many issues with these devices that could be established in court, assuming that you failed a breath test and the prosecution is trying to use this against you in court. A few common issues with breath tests are:

• Calibration and recalibration issues, which could impact the accuracy of the test results.
• The police improperly performing the test.
• The police improperly recording the test results.
• Health issue factors for drivers that impact how hard they can blow into these machines.
• Drivers not understanding the directions and performing the tests improperly.
• The interference with other substances such as mouthwash, gum, vomit, food, or even hand sanitizer on a person’s hands.

These are just a few ways in which the accuracy of these machines can be called into question. If you are working with a Norwich DUI defense lawyer, they will discuss these issues and other potential issues with you. It is possible to make breath test results inadmissible in court in the even that one or more of these issues occurred. A good lawyer can help find these issues and poke holes in the prosecution’s evidence.

At Lady DUI, we have worked extensively with breath test devices and results. We know how to challenge these results, and if there is a defense to be made, we will find it and we will use it. For more information, contact our office.