The breathalyzer test is used by the police to determine the level of alcohol in blood of the driver whose driving ability is in doubt. The test is administered at the police station by a qualified technician. So once you are stopped by police and taken to the police station, the question arises- can you beat a breathalyzer test?
As you probably know, the statutory rate of alcohol in Canada must be less than 80 milligrams of alcohol per 100 milliliters of blood or 0.08. Only a toxicology expert can measure your blood alcohol level based on your consumption, your weight, your height.
When determining whether you can pass a breathalyzer test, be aware that the results of the test depend on many factors and procedures that need to be executed for the test to be valid. For example, it is possible that the device is wrong, which would cause enormous miscarriages of justice. That’s why it is important to consult a criminal lawyer when arrested. He or she will assess your case, give you a legal opinion based on the facts surrounding your arrest and make the most of those facts to help you “beat” the test. The following are some of the factors that your lawyer will take into consideration when making the case:
- The police must take at least two breath samples from the driver respecting a minimum of 15 minutes between each sample.
- The air that is analyzed must come from lungs and not from the mouth, and it has to be properly connected to the test tube. Breath samples can be contaminated with various substances like alcohol, mouthwash or cigarette smoke residues, which is why the air must come through the lungs.
- It may be possible to prove that the blood alcohol level of the driver was lower at the time of offense than when the accused arrived at the station.
- The model of the breathalyzer device is also an important factor in determining culpability.
- Even the most qualified technician can make a mistake while handling the device.
- The piston may be is defective.
- The temperature of the surroundings should be set at a certain degree, because a few degrees higher can cause false results.
- The presence of radio communications in the room where the test unit is located can also affect the results.
These are only some of the procedures and potential irregularities that will affect your case, and a good lawyer will know how to use them.
We can help you, so be sure to contact us to discuss your options.