Featured News 2011 What Officials Don’t Want You to Know about DUI

What Officials Don’t Want You to Know about DUI

School systems, law enforcement officers and legal guardians all do a good job of ensuring that children grow up learning about the dangers of driving under the influence. The potentially catastrophic effects a DUI can have on the lives of those involved in drunk-driving accidents are frequently preached to impressionable young minds with the hope that future generations will prevent further instances from occurring.

By the time teens reach junior high and high school they have probably already shared classroom time with police officers warning against the consequences of drunk driving; students have probably heard several accounts of DUI incidents and statistics from a variety of professional informants. However, when someone finally reaches legal drinking age, it is uncommon that they have been informed of the inaccuracy of some methods used to determine a person's level of intoxication. Furthermore, legal drinkers have rarely learned about all of their rights when it comes to being pulled over on suspicion of drunk driving.

Most people are familiar with the types of machines used to identify a person's level of intoxication. Blood alcohol content, more commonly referred to as BAC is most often measured through the use of a breathalyzer test or blood test to determine the amount of alcohol in a person's body at the time of the arrest. Having DUI suspects blow into a machine in order to determine their level of intoxication is an extremely convenient method of testing for law enforcement officers, as it provides an almost instantaneous read of someone's BAC. Within minutes, a police officer could potentially have someone cuffed and in the backseat of a police car if the breath test displays a 0.08% BAC or higher.

Conducting a breathalyzer test requires correct implementation in order to obtain an accurate reading. What law enforcement officers do not let on is that the tests can often come back with inaccurate results that could potentially accuse an innocent person. Improper administration of the test could easily lead to a reading that does not truly reflect the alcohol content of the individual under evaluation. Furthermore, there is a device known as the Intoxilyzer that must be properly maintained and calibrated in order to provide a trustworthy read. In many cases, the necessary routine calibration has not occurred, leading to inaccurate results. Radio frequencies have also been proven to affect the outcome of some test results. There have even been instances in which medical and/or dental conditions have yielded higher results than a person's true BAC level. Unfortunately, none of this information is made readily available to those who may need to know it most.

As an American citizen you are entitled to certain rights, one of them being the right to refuse a breath test or any form of field sobriety test at the time of your arrest. Most people are unaware of this fact and obediently submit to a BAC test without even questioning their rights regarding the matter. While failing to submit to a breath test can result in serious consequences, it is still important to know that it is an option for anyone who wishes to do so. For some, agreeing to partake in any sort of BAC test has a much deeper level of meaning that could go against their beliefs. In cases such as this, knowing that the right to refuse the test exists far outweighs any possibility of incurring further or alternative penalties for waiving the test.

There is no question that drunk driving can create potentially serious issues for anyone involved. However, as with any situation, all aspects of the case must be assessed before making an ultimate decision about whether or not someone is truly guilty of drinking and driving. For some people, this may mean refusing a field sobriety test, for others it may mean challenging the results. Whatever the case, it is imperative to be given the full facts of the situation so you can knowledgably choose how to handle it.

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