Breathalyzer Test

A breathalyzer test allows the police officer to test the driver's breath immediately after a DUI stop. The breathalyzer evaluates how much alcohol is in some portion of the driver's exhaled air, not how much alcohol is in their blood. The breathalyzer test is not considered 100% accurate, and critics argue there are frequently alcohol-containing substances in the mouth which can produce false high readings. Common substances which may affect the breathalyzer reading include some toothache medicines, mouthwashes, and breath fresheners.

Drivers may be legally allowed to refuse the preliminary breathalyzer test, but if a driver is arrested for drunk driving and asked to submit to a breath, urine or blood test and they refuse, under each state's administrative per se laws they can have their license suspended immediately. If the state has evidence that you have failed the breathalyzer test you can talk to a lawyer to find out if they can prove the test was done incorrectly or the machine was not calibrated correctly.