It is understandable that you should be nervous when a police officer requests that you submit to a breathalyzer test if they even remotely suspect you are under the influence. After all, who would like to get a DUI ticket, after which you will most likely lose driving privileges, pay a hefty fine, and when you are finally insurable again, pay enormous premiums on car insurance. If you feel you are being unjustly ticketed because you’ve had little or nothing at all to drink, the best thing you can do for yourself is take the breathalyzer test.
If you feel it read a false positive, don’t fight with the officer. Simply take the ticket and find a way to get home if you are released as your car will most likely be impounded. Whether you are arrested or sent home, your first line of action should be to immediately contact a DUI attorney. Don’t let it slide if you feel you have been falsely ticketed because there are some rather disturbing facts about breathalyzer tests in Illinois – and elsewhere around the country.
Why You Shouldn’t Refuse a Breathalyzer
The first disturbing fact is that you cannot, by law, refuse a breathalyzer test if demanded by an officer of the law. Should you refuse because you suspect you’ll get a false positive, you will be committing a crime. Again, take the test because it is the legal thing to do. Chances are you will pass, but on the off chance that you fail because of issues which will be mentioned below, contact a lawyer at your earliest convenience. Also, you can request a blood test paid for by you if you really want to prove your innocence. However, it must be done within a certain amount of time or it will not be reliable or admissible in court.
Reasons to Fail a Breathalyzer When You Are Sober
There are a number of reasons why a sober person could fail a breathalyzer test and why you are probably afraid to take one. It could be that the officer doesn’t know how to administer the test correctly or perhaps you have some health-related issues which would result in a false positive. If you are diabetic, for example, you may register a low sugar level and it is assumed that hematocrit levels are always at 47 percent in all people. First of all, there are differences between men (42 to 52%) and women (37 to 47%).
Also, other substances such as certain chemicals, dirt, tobacco, blood, and vomit could lead to a false reading. The important thing to remember if you are given the ticket and brought to jail is to find a way for a more accurate test within the amount of time alcohol levels would be in your body if you were indeed under the influence. A lawyer can help you beat the charges because they can bring in expert testimony. If you don’t want a DUI on your record and you believe you are innocent, fight that ticket in traffic court! It is your right to do so, but let your lawyer lead the way.