SC DUI / NC DWI – “Best Breathalyzer”?

While researching current updates on breathalyzers, I came across this sales pitch for a “personal” model. Frankly, it is difficult to imagine a market for such a device. But, the sales information was very revealing as to how utterly unreliable these “alcohol breath testing” machines really are.  I have highlighted those sections which are essentially disclaimers. See for yourself. Here’s the article I found:

“If you’ve been searching for the best breathalyzer to suit your personal alcohol tester needs, here are a few considerations you should keep in mind before buying.

The best breathalyzer for any individual who wants to test their blood alcohol content (BAC) on a regular basis is one with a fuel cell sensor. The fuel cell sensor technology is normally found on professional breathalyzer devices. The reason a fuel cell model is considered the best breathalyzer technology is due to it’s superior accuracy over other breathalyzer sensors such as the semiconductor. While the professional breathalyzer is created for professional use by law enforcement, clinics and other professional environments, many models are FDA 501(k) approved for sale and use by the general public.

Generally speaking, the fuel cell breathalyzers range in price from approximately $120 to upwards of $400. Although with that said, the better semiconductor models are near the $100 price level so it may, in some cases, make more sense to go with the professional grade breathalyzer.

The greater accuracy of the professional, fuel cell (or best) breathalyzer is partially dependent on the sensor’s ability to detect the difference between alcohol and higher acetone levels which can be found in individuals with diabetes or those on low-calorie diets. Also, professional breathalyzers feature the ability to give the same result on the same individual when testing repeatedly. In other words, if the same person blows into the mouthpiece in test after test, the results will be similar more often from a fuel cell sensor than a semiconductor model.

The best breathalyzer for your needs will also depend on the device’s ability to pull in an adequate deep lung breath sample. Many professional and personal breathalyzers feature a built “fan” of sorts that will pull the sample in and thus assure the proper deep lung sample is acquired. Many will also beep or otherwise alert the testing individual if the sample is incomplete and testing needs to be repeated.

Finding the best breathalyzer for your needs may also depend on recalibration requirements. The majority of both personal breathalyzer and professional breathalyzer models need to be returned to the manufacturer after a number of tests so that they can be re-calibrated and shipped back. This is usually done ever 1,000 tests (some don’t require recalibration for 1,500 tests) at a cost of about $30-$50. For individuals, it’s likely that the recalibration needs will be a lot less than those devices used for professional use. Either way, it is important, for the greatest accuracy that the devices are re-calibrated and that testing is done as directed by the manufacturer.”

As you can see, the manufacturers tell the buying public that their devices are not fool-proof.  In fact, the results are very dependent on a number of variables.  And this is with a brand new breathalyzer right out of the box.  With these very difficult economic times, almost every county and city police department budget is under review.  There are simply no funds for new equipment, and I fear not enough money for proper maintenance of the equipment they have.  Nevertheless, courts and legislatures currently allow breathalyzer results into evidence and treat them as absolutely accurate without serious question.  I am reminded that “lie detector” tests were similarly accepted for years but are no longer deemed reliable enough for prosecution. I hope that one day the “breathalyzer” will go the way of the “lie detector.”  The only truly accurate test is a blood alcohol test performed by a licensed health professional and certified lab facilities.

If you are arrested for suspicion of drunk driving (DUI / DWI), ask for a blood alcohol test and then consult an experienced DUI / DWI attorney. At Reeves, Aiken & Hightower LLP, our attorneys have over 70 years of combined trial experience in both civil and criminal courts.  We focus our criminal practice on DUI and DWI cases in both South Carolina and North Carolina and are available by mobile phone in the evenings, on weekends, and even holidays. We are not afraid to go to Court and often do. Don’t settle for a lawyer who only wants to try to reduce your DUI charge to reckless driving.  Compare our attorneys’ credentials to any other firm. Then call us for a private consultation of your case. www.rjrlaw.com

SC Roadside Field Sobriety Tests for DUI

What are those Tests the Cops Do?

It is important to know that when an officer stops someone and suspects they have been drinking and driving, that officer is gathering evidence to use in court. Many do not realize an officer is taking notes of everything they observe after stopping someone. Officers will compile a report detailing everything, how the driver looks, if they have red glassy eyes, odors of alcohol or even marijuana. The most important evidence the officer will document are the field sobriety tests and portable breathalyzer.

Commonly officers will ask the driver to perform three tests:

  • 1) the walk and turn
  • 2) one-leg stand
  • 3) horizontal gaze nystagmus

The walk and turn is when the officer asks the driver to walk 9 steps forward and 9 steps back. The one-leg stand is similar to the walk and turn as it requires balancing. The officer will ask the driver to raise one leg and count out-loud for about 30 seconds. The horizontal gaze nystagmus test is where the officer moves his pen back and forth checking the drivers eyes. One last method of gaining evidence is when the officer requests the driver to submit to a portable breathalyzer on the roadside.

What the Police Don’t Want You to Know

The U.S. Constitution affords everyone many rights and it is vital to act upon your rights because it could make the difference between a conviction and a dismissal. The most important right when interacting with a police officer is the right to remain silent. You are not required to answer any questions the officer may ask you as it relates to drinking. Officers will routinely question drivers they believe to be impaired. The officer may ask the driver 3, 4, or 5 how much they have had to drink, where they have been, and what they have been drinking. Officer’s do this as a way of wearing down the defendant. The more times they ask the more information they may find out.  The most essential right, someone can invoke after they have been drinking and driving is the right to refuse.

A driver who is stopped upon suspicion of drunk driving has the right to refuse all the field sobriety tests and breathalyzer at the roadside. By refusing all of these tests, the prosecutor will have less evidence to use in court. It must be noted, though, if the driver refuses the breathalyzer at the police station, the officer can get a warrant to draw the driver’s blood. Also, if the breathalyzer at the station is refused, the NC DMV will suspend your driving privileges or license for 12 months, if you are pulled over you will be given a DWLR. If the driver does refuse the breathalyzer at the station, it will be tougher for the prosecutor to prove the driver was in fact impaired because there will be no record of the driver’s BAC. Finally if the driver refuses the breathalyzer, the driver has the right to appeal the suspension from the DMV.  In order to exercise this right, the driver must write a letter to the DMV within 10 days of their arrest, requesting a DMV Refusal Hearing. If a driver makes this request, then their driving privileges or license will remain active pending a hearing on the refusal.

With the legal limit in North Carolina being a .08 BAC, it is very easy to be above the limit and not even realize it. There are even rumblings that the NC legislature may lower the legal limit again.

If you have been charge with a DUI, contact the lawyers of Reeves, Aiken, & Hightower.