The Law Offices of Beresky & Fish, P.C.
Phoenix DUI Defense Attorneys
Breath tests are used to determine the blood alcohol content (BAC) level of drivers suspected of driving drunk. Since alcohol is absorbed into the blood and blood flows through the lungs, alcohol is present in the lung's air sacs. A breathalyzer works on the assumption that the concentration of alcohol in the breath is a function of the concentration of alcohol in the blood. Rather than ask drivers to submit to invasive, impractical blood or urine tests in the field, many law enforcement agency's use breath tests as a means for determining the blood alcohol level of drivers suspected of DUI. At the Law Offices of Beresky & Fish, P.C. , we understand how these devices work, their limitations, and how inaccurate they can be.
If you've been charged with DUI and failed a breathalyzer test, contact Phoenix DUI defense lawyers at the Law Offices of Beresky & Fish. Representing clients in Mesa, Tempe, Scottsdale, Glendale, Phoenix, Peoria, Surprise, Chandler, Gilbert, and throughout Maricopa County, we provide free consultations and numerous resources for resolving DUI / DWI charges.
The Officer Told Me to Blow Harder - Can the Test be Trusted?
Despite what law enforcement officers say, scientific research indicates breath tests are not as accurate or as dependable as claimed. Because they depend on the amount of alcohol in the air sacs of the lungs, variations in breathing can affect the results. For instance, deep breaths will capture air from deep in the lungs where the concentration of alcohol is greater. Likewise, short, quick breaths will capture less air from deep in the lungs, providing air less affected by the concentration of alcohol in the blood.
I Know I Wasn't Drunk but I Failed the Breathalyzer Anyway
How one breathes into a breathalyzer can affect the results. More often than not, officers ask suspects to take deep breaths and blow hard into a breathalyzer. Doing so, however, may artificially inflate the results, leading to an inaccurate indication of one's blood alcohol level. Secondly, a breathalyzer may not be calibrated correctly. Police departments should have a maintenance record for each of their machines to indicate whether they have been properly checked and kept in good working order.
What Should I do I am Asked to Take a Breathalyzer Test?
If you are pulled over and asked to take a breath test, you should immediately ask to contact an attorney at the Law Offices of Beresky & Fish, P.C. so that you can be informed of your legal rights. If you fail the test, immediately ask the arresting officer to release you for an independent blood test, or to arrange for your independent blood test.
How Beresky & Fish Can Help You
Our DUI defense attorneys have represented thousands of clients over the years. We understand the issues involved in breath tests, how to suppress evidence, identify improper procedures, and challenge the results of a breathalyzer test.
Be prepared with facts and experience - contact Phoenix DUI defense lawyers at the Law Offices of Beresky & Fish, P.C. today.
