Breath Testing

Torrington law enforcement will follow a procedure if they think that a person is driving under the influence of alcohol. One of the standard things that the police will ask of you is to submit to a breath test. This test is the breathalyzer in Connecticut. On this page, we talk more about the breath test, how to defend yourself against failed results, and how implied consent impacts taking or not taking the test.

Torrington Breath Tests

If a police officer suspects that a driver is operating their motor vehicle under the influence of alcohol, they try to do this by requesting that the driver submit to a breath test. The driver is asked to blow into a breathalyzer machine, which is supposed to determine blood alcohol content (BAC). However, keep in mind that there can be many issues with breath tests that lead to false or misleading results.

First, consider the breathalyzer device itself. This device should be cleaned and recalibrated on a regular basis to ensure that it gives an accurate reading. However, this maintenance may not be regularly performed on a breathalyzer device, leading to inaccurate results when you use it.

Second, consider that sometimes police officers have difficulty with this device. A police officer may administer the test improperly due to poor training, lack of attention, etc. Again, this could lead to inaccurate results.

Also consider that the test itself is not always accurate, even if the police officer does everything right when administering the test and the device is properly calibrated. There can be a significant variation in results based on many individual factors. This might include height, weight, gender, medical history, etc. Other factors could lead to inaccurate test results, such as smoking before taking the test, eating before testing, or even burping before blowing into the breathalyzer. All of these factors have nothing to do with intoxication, but could lead the police and prosecution to believe that you were under the influence when you were driving.

The good news is that at Lady DUI, we are aware of all of these potential issues and others. If you failed a breath test, we can review your situation to determine if there are any potential defenses that we can pose to the results.

Implied Consent Law

If you are pulled over and asked to take a breath test in Torrington, you might wonder if it is in your best interest to do so. In many cases, the answer is yes. This is because Connecticut operates on an implied consent basis. Implied consent law states that by driving on Connecticut roads, you implicitly agree to take a breath test if prompted to do so by law enforcement. Refusing a breath test carries its own penalties, most notably a driver’s license suspension. What’s more, you can still be charged with driving under the influence and face DUI penalties. In many cases, it makes sense to submit to the breath test to avoid violating implied consent law. As we have outlined above, there can be many issues with breath testing devices and results. If there is a way to defend against the test results, we will find it and use it in your case.

Of course, every situation is unique and when in doubt, it is best to discuss your case with a lawyer. If you have specific questions about breath testing and implied consent, contact our office. We would be happy to provide more resources and help you feel confident, whether you have been charged with a Torrington DUI or think that you might be. We are here for you!