Breath Testing / Sobriety Checks
Breath testing is a process used by law enforcement to test the level of intoxication. Alcohol is absorbed into the bloodstream and passes through the heart, lungs, and brain. When the blood goes through the lungs, carbon dioxide is process from the lungs and the blood supply is replenished by oxygen. Along with the carbon dioxide, alcohol molecules also pass through the lungs, and the exhaled air is measured in the breath testing.
Breath testing machines usually measure the ratios of alcohol of the average lung air of people, and are suppose to measure the alcohol in your blood. Unfortunately the machine cannot tell the difference between alcoholic molecules in the deep lung air or molecules that are trapped in dentures, bridges, and other dental work. Alcohol molecules can also be in the mouth through from the stomach by vomiting, belching, and reflux.
There are defenses against breath testing such as, machine malfunction, lack of proper observational, medical, or environmental issues that may affect the testing. You must hire an experienced DWI attorney like me to fight every possible breath testing challenge possible.
Sobriety check points are controlled temporary road blocks on roads to catch drunk drivers. If you drove through a sobriety check point and were arrested for drunk driving there is still hope for a defense. Contact us immediately to go over your options to fight the case.
There are strict guidelines law enforcement must follow during sobriety checks. When check points are set up illegally you have a strong case for a defense. Sobriety check points must be announced in advance to the public and set up by command law enforcement officers, not officers in the field. Vehicles must be using a neutral mathematical system and must be preformed safely for everyone, highly visible, and time efficient for detained motorist. If any of these guidelines were not following during your arrest, we can help!
Each motorist stopped must only be detained long enough for the driver to briefly questioned and absorbed for signs of intoxication. If no signs of intoxication are present, the driver should be allowed to pass quickly. If signs of intoxication do show the driver will be directed to a area where sobriety test will be preformed.
The Supreme Court ruled that sobriety check points main purpose to promote public safety and no warrant is required for legal sobriety checkpoints.
If you or anyone that you know have any questions about Breath Testing or Sobriety checks, please contact us immediately so that we can help you!