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Breathalyzer tests are tests administered with a breathalyzer device to determine whether your blood alcohol content (BAC) is within the legal range for driving. If a police officer administers one of these tests and you fail, you could find yourself spending quite a bit of time in jail. Do not drink and drive.
What Is a Breathalyzer Test?
The term “breathalyzer” is a portmanteau of the words “breath” and “analyzer.” It was coined in the late 1950s when new technology came around to improve the existing “drunkometer” devices. Today, a breathalyzer is capable of analyzing particles in your breath that, when exhaled, can be used to obtain a rough estimate of how much alcohol is in your bloodstream.
The Implied Consent Law
Many states in the United States have what is called an “Implied Consent Law.” What this law means is that, by choosing to drive a motor vehicle on public roadways, you are consenting to a breathalyzer test. In other words, despite what you may think, the government believes you have already said “yes” to any breathalyzer requests a police officer may wish to administer.
This law gives police officers the right to administer breathalyzer tests and to potentially charge you with a crime for refusing. The penalties for violating a state’s Implied Consent Law can be quite steep.
What Are the Penalties for Violating the Implied Consent Law?
The penalties for violating a state’s Implied Consent Law vary from state to state. However, as a general rule of thumb, you will be facing the following potential consequences of a conviction for this violation:
- Fines
- Fees
- Additional surcharges
- Additional civil penalties
- License suspension or revocation
In the following states, you can even be arrested and risk getting a criminal record for violation the Implied Consent Law:
- Alaska
- Arkansas
- Florida
- Kentucky
- Maine
- Nebraska
- North Dakota
- Rhode Island
- Vermont
- Virginia
Should You Refuse to Take a Breathalyzer Test?
This is a question best asked to your lawyer at the time the test is issued. Immediately after seeing those flashing lights in your rearview mirror, call your lawyer and ask.
In certain jurisdictions, refusing to take a breathalyzer test can result in you being charged with a refusal DUI, which can be just as bad as an ordinary DUI. Even in states where that is not a possibility, there may still be plenty of evidence to charge you with a DUI even if you refuse to take the test.
What Is the Legal BAC?
The legal BAC for operating a vehicle (which includes bicycles) on public roadways varies from state to state. However, this may serve as a general rule of thumb: If your BAC is below 0.08%, you should be good to go. But anything above that can result in your immediate arrest.
How to Avoid DUI Charges
Of course, everybody’s body is different and alcohol affects each of us differently. If you ever feel that you are not good to drive, even if your BAC is below 0.08%, do not risk getting behind the wheel of a vehicle. That includes bicycles. Here are a few more tips to help you avoid getting a DUI:
Do Not Drink and Drive
The most obvious way to avoid getting a DUI is to not drink at all. If you expect that you will have to drive that day or early the next morning, do not drink a drop. That is one surefire way to avoid any potential DUI allegations.
Use a Designated Driver (DD)
The most common method of drinking responsibly and avoiding DUI charges is by appointing a designated driver. A DD is somebody who drives you around similar to a chauffeur. Oftentimes, this is a friend or family member who you trust to drive safely and follow the rules of the road even when you’re too drunk to form coherent sentences.
One tip is to alternate who the DD will be in your standard drinking group. Taking turns can help to prevent arguments and make sure nobody gets a DUI.
Call a Rideshare Company
Rideshare companies like Uber or Lyft are great ways to avoid getting DUIs even when everybody in your group is drinking. This way, you can simply enter the address of where you need to go and let the sober driver take you there safely. But keep in mind that you will be held liable for any damage you cause to the vehicle.
Take a Taxi
Taxis are typically only available in big cities like New York City and LA. But if you live out there and don’t want to deal with any of the other methods on this list, you might find that calling a taxi to pick you up and take you where you need to go is what best suits your fancy.
Space out Your Drinks Responsibly According to a Reliable Bodyweight Bac Chart
If you don’t have access to any of the other methods listed above, then you should be sure to space out your drinks throughout the day/night to make sure that you never become too intoxicated to drive (or at least that, by the time you do need to drive, you have sobered up enough to do so). Here’s a good BAC chart that could help you figure this out:
http://www.brad21.org/estimated-bac-charts
Personal Breathalyzer Test
One of the most reliable ways to determine whether your BAC is within the legal limits is to purchase a personal breathalyzer test and test yourself with it. These devices can be found online in a variety of shops and stores, all of which perform their tests in slightly different ways.
One that we at WinIt found to be helpful is the Backtrack C6 Smartphone Keychain Breathalyzer. It’s lightweight, portable, and fits in your pocket for easy access wherever you go.
Hire an Attorney Through Appwinit.Com to Fight Your DUI Charges
All of these tips and tricks can help you avoid getting a DUI ticket in the first place, but what do you do if you’ve already gotten one? In that case, download the WinIt app from the App Store or Google Play and get started fighting your ticket today. The local traffic ticket experts you can find on the app are available to help you fight any civil penalties associated with your tickets.
