If you are pulled over and police suspect that you may be under the influence of alcohol, they may eventually ask you to submit bodily evidence to either confirm their suspicions or clear you of operating while under the influence of alcohol or drugs. This is commonly done with a breathalyzer, which as we’ve talked about in the past, isn’t always perfectly reliable. You can also opt to submit to a blood test (or even a urine test) to determine your level of intoxication. So which should you choose, and should you choose at all?
In today’s blog, we explore the benefits and drawbacks of different intoxication testing methods and go over your options if you are suspected of driving under the influence.
The Breathalyzer
The breathalyzer is a handy tool that is used to provide a little more information about a person’s state of intoxication, but it’s certainly not a perfect measure of your blood alcohol concentration. It can be thrown off by a number of things, including if you recently consumed alcohol, you have underlying health conditions or if the device has not been properly serviced, calibrated or stored. It’s rather unreliable compared to other methods, which can be both helpful or hurtful to your case. It’s easier for your lawyer to contest breathalyzer results than a blood draw, but a breathalyzer may suggest you’re more intoxicated than you actually are, which may have been better understood by a blood test.
Breathalyzers can provide a reading in a matter of seconds, so if you know without a shadow of a doubt that you are sober, this can be a quick way to clear your name. It can also hand evidence to police in a very short order, so be careful if you’re considering blowing into the device if there’s a chance you’ll fail.
Blood Test
As we talked about in the introduction, a blood test is a much more accurate way to determine your blood alcohol concentration. This can be both good or bad for your case, depending on the results. If you’re under the legal limit, your lawyer is going to be able to make a strong argument that you were not actually driving while impaired, but if you’re over the 0.08 legal limit, it’s going to be hard to challenge the validity of these results.
There is also a bit of a delay with this type of testing, which again can be both a positive or a negative depending on your situation. An officer isn’t going to be able to conduct a blood test out in the field, so it’s possible that by the time you get to a facility where testing will take place, that your blood tests show that you are under the legal limit. However, you likely will not know the results of this test for 24-72 hours, which means it’s likely that you will be arrested and could potentially remain in jail until those results are in. Police aren’t going to let you just drive home after submitting a blood test, so know that there could be some interruptions for your personal or professional life if you opt for the more accurate blood test. This test can buy you a little more time, but it brings with it some more headaches. Even if the blood test comes back clear, you may find that you’re explaining yourself to friends, family or coworkers.
Refusal
Finally, it’s also worth noting that you can refuse to submit to a breath test or a warrantless blood/urine test. This too will bring about additional consequences in the form of an Implied Consent violation, but this can sometimes be helpful to your case, especially if you know you will fail the test and you’ll just be handing evidence over to police. Determining whether or not to submit to warrantless testing should be determined on a case by case basis, or by talking with a lawyer during the traffic stop if possible.
There is no right answer to which of these methods you should always choose, but we can provide more details based on your specific scenario. We can also defend you in court if you find yourself facing criminal charges. For more information, or for help with a criminal matter, reach out to the team at Appelman Law Firm today at (952) 224-2277.
