Terms
Breathalyzer Test
When an individual is driving and is stopped by a law enforcement officer (or is stopped because of a collision), the officer is allowed to administer a breathalyzer test if he or she suspects that the individual was operating the vehicle while impaired by alcohol. The driver may refuse to take the breathalyzer test, but that refusal may be troublesome later.
Measuring the Blood Alcohol Content
The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). Since it is not feasible for a law enforcement officer to check a driver's blood alcohol at the scene by drawing a blood sample, the breathalyzer was created as a simple, on-scene method for determining the BAC.
Using Chemical Reactions
Breath alcohol testing devices have been used by law enforcement since the 1940s. The "Breathalzyer," which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.
Legal Limits
For example, a person who weighs 160 pounds can be expected to have a BAC of about 0.04% an hour after consuming two 12-ounce beers or two other alcohol-based drinks on an empty stomach. The legal limit for BAC while driving is 0.08% in 33 of the states. The other states use 0.10%, except for Massachusetts, which has a zero tolerance BAC policy. If a driver's BAC is over the limit, he or she can be charged with DUI (driving under the influence), DWI (driving while intoxicated), OWI (operating a vehicle while intoxicated), or whatever drinking-and-driving crime the state in which the breathalyzer result was taken has outlawed.
Breathalyzer Results Can Sometimes Be Challenged
Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. However, contrary to rumors, it is not possible to "trick" a breathalyzer by using breath mints or mouthwash or by sucking on pennies before the test is administered.
There are two other types of "breathalyzer tests" that are commonly used:
The Intoxilyzer — detects and measures alcohol with the use of infrared (IR) spectroscopy
The Alcosensor III or IV — detects a chemical reaction with alcohol in a fuel cell.
Consult a DUI/DWI Attorney for Help
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