Alabama Breathalyzer Test

Under Alabama law, it is a crime for drivers over the age of 21 to operate a motor vehicle with a blood alcohol content (BAC) of .08% or more. Three tests may be used to determine BAC, including breath, blood and urine tests; however, of the three, the breath test is the most commonly utilized in Alabama. If you have been charged with driving under the influence (DUI) after failing an Alabama breathalyzer test, you should retain the legal counsel of an experienced DUI defense attorney as quickly as possible.

Some people are under the impression that if they fail the breathalyzer test, they will automatically be convicted of drunk driving, but this is not necessarily the case. A DUI defense attorney is trained on the scientific aspects of a drunk-driving case, including the breathalyzer test. Your attorney may request the breathalyzer machine’s records to determine if it was maintained and/or calibrated properly. Lack of maintenance or calibration may have the breathalyzer test results thrown out or at the very least called into question during your DUI case.

The biggest problem with the breathalyzer test is that it is only an estimate of your blood alcohol content—it isn’t measured directly from your blood. The machine uses a preprogrammed ratio between your blood alcohol content and breath alcohol content (BrAC) to estimate your results. If your BAC to BrAC ratio is lower or higher than the typical 2100:1 ratio, your test results may be inaccurate. For example, if the test shows that your BAC is .08%, it could actually be as low as 0.65% or as high as .09%.

The breathalyzer test also has trouble distinguishing between alcohol in the lungs and alcohol in the mouth. This means that if you recently chewed gum or mints or used mouth wash containing alcohol, the results of your test may be inflated.

A breathalyzer test may also be affected by the experience of the officer administering it. If the officer was never properly trained to use the test, your test results may not be accurate.

Don’t let a failed breathalyzer test affect the rest of your life. Contact the experienced Birmingham DUI defense attorneys at The Whitney B. Polson DUI Defense Office today by filling out our convenient online form today.