Rhode Island DUI Lawyer

Breathalyzer Basics

If a law enforcement officer suspects you are under the influence of alcohol while operating a motor vehicle, you may be subject to a breathalyzer test to measure your blood alcohol content (BAC). Breathalyzers do not directly measure the BAC, as a blood sample would be necessary to accurately measure that statistic. Instead, breathalyzers indirectly measure BAC by measuring the amount of alcohol on a person’s breath using spectrophotometer technology, electrochemical fuel cell technology, or a combination of the two.

Breathalyzer readings are used in criminal proceedings in two different ways. If a suspect refuses to submit to a breathalyzer test, it is considered a violation of the illegal per se law. If a suspect takes a breathalyzer and has a BAC over .08%, the charge will be driving under the influence. All 50 states observe the .08% limit; most states also have a .02% limit for drivers under the age of 21.

Breathalyzers, like any measuring device, are subject to a certain degree of inaccuracy and error. Breathalyzers must be calibrated often and are particularly sensitive to the environmental air temperature and the subject’s temperature. In addition, breathing patterns can trigger false readings. Studies have shown that hyperventilation for 20 seconds prior to taking a breathalyzer can lower the BAC reading up to 32%. Certain substances may also trigger false readings like breath mints and mouth spray, which can raise BAC levels by up to 27%.

If you have been convicted of driving under the influence and need legal representation, contact the experienced Rhode Island DUI lawyer James Powderly at 401.662.9006.