In Macon and beyond, we represent people who have been injured in all types of accidents
Can you avoid a DUI with your own breath test?
Police officers carry portable breath tests, which they may use if they think that a driver is intoxicated. These are often not admissible in court, but they may show the officer that the driver should be taken to the station for a more extensive test.
To avoid drunk driving charges, some drivers have considered buying their own breath tests. These are readily available online. If you put one in your car and check it before you start driving, you can quickly see if you’re anywhere near the legal limit.
But is this always going to get you out of a DUI?
Your test may not be accurate and also can’t be used in court
These can certainly help. If you blow a 0.10% and decide not to drive home, you keep yourself safe from an accident or an arrest. In that sense, there is no downside.
However, you should know that these tests are not always considered accurate or trustworthy. Even the police have specific models they’re supposed to use. Your personal test that you ordered online isn’t going to be admissible in court.
This doesn’t matter if it stops you from driving, of course. When it comes into play is if your test says that you’re under the legal limit and then the police get a reading that puts you over it. You can claim that your device said you weren’t breaking the law, but that is not going to get you out of the charges.
Plus, if you’re impaired, you can get a DUI even if you’re below the legal limit. So your breath test could be accurate and still not protect you from the legal charges. Even if the police say that your BAC is only 0.07%, the court could still charge you if there is evidence you were impaired, no matter your BAC level.
Looking into your legal options
If you do get arrested, you must know what legal options you have. DUI charges can alter the course of your life and you need to know how to protect your future.