There are several ways to avoid a DUI, the most effective is simply by not drinking and then taking the wheel. A close second is to designate a driver, or call a cab. It takes advance planning and discipline to stick to a plan, and for a great number of the population instances of drinking and driving occur even when the accused had the best of intentions. A relatively new thought process on how to stay out of trouble when drinking is use of a portable “breathalyzer”. These devices are readily available for consumer purchase, even on some high traffic sites such as groupon. But, do they really work?

If you are going to invest time and money in a device that can help determine if you are over the legal limit, you want to be sure it is accurate. There are essentially three types of breathalyzers, they are:

  • The machines used by law enforcement at the station, these are generally too large and bulky to be used in the field
  • Hand held devices found in most police cruisers and used by an arresting officer on the scene
  • Small, nearly pocket size, personal devices that can be bought for anywhere between $30 and $180

The danger associated with reliance on a relatively cheap personal breathalyzer is that the results will not be accurate. This can give a driver a false sense of security that if pulled over they will “pass” the test given by a police officer. If you rely on one of these devices and are charged with DUI, you do still have options. Perhaps the machine used by the arresting officer was not properly maintained and gave a false positive. You should always attack the results of the field sobriety test, because errors do occur. If the test result is not reliable, it cannot be used as evidence against you. Without evidence that the level of alcohol in your bloodstream was above the legal limit, any charge of DUI against you should be dismissed. We know how to poke holes in the prosecution’s case against you and will fight to protect your freedom and maintain your right to drive. Call us today to learn your options.