If your state does not allow this, the officer may try to interpret your request as refusal to take the test. If you do not know the relevant law, complying at this point is the safest option. If you were drinking within the last hour, delaying might not help you; your BAC (blood alcohol content) could still be rising. If you were drinking heavily or without food, BAC could rise for two hours after your last drink.
Three tests correctly determine sobriety level 90% of the time: following an object with your eyes; walking in a straight line, then turning and walking back; and standing on one leg for thirty seconds. [7] X Research source Any other tests could be more subjective, and risky to take even if you’re sober.
If you are under the age of 21, you should be aware that the blood alcohol content limit only applies to those of legal drinking age (21 and over). Most states do not allow you to have a blood alcohol content (BAC) higher than . 01% or any amount. This is called the “zero tolerance law” and it is designed to discourage underage drinking. Commercial drivers who are over 21 have a lower blood alcohol content limit while operating commercial motor vehicles. You can refuse the roadside test (preliminary breath test or “PBT”) with less severe consequences, but there’s not much point. [10] X Research source The result cannot be used in court, and refusal will not prevent the officer taking you to the station. If the officer has no reasonable grounds to think you are drunk, you could refuse, then challenge the ruling in court to reverse your punishment. [11] X Research source The odds are not in your favor with this option. If you are extremely drunk, you could be charged under your state’s “aggravated DUI” law for a very high BAC (the cutoff is between 0. 15 and 0. 18 in most states). [12] X Research source [13] X Research source The severe legal consequences for refusing the test may still be milder than an aggravated DUI conviction. [14] X Research source
This works best if you have a large lung capacity, since there is a minimum volume of air required. For most tests, you will need to expel roughly 30% of your maximum exhale (for men) or 40% (for women). [16] X Research source
If your friends and family cannot recommend any good lawyers, contact your state bar association’s lawyer referral service. After answering a few questions, the service will direct you to various lawyers in your area.
A caption listing the court, parties involved, case number, and judge. Ask the court staff for the correct format. Title, such as “Motion to Suppress. " A paragraph identifying yourself, your request, and the law allowing it. For example, “I, Jane Smith, the defendant in this case, respectfully ask that, pursuant to [cite law], you suppress the results of the breathalyzer test in this case. This motion is based on the following statement of facts and as grounds in support thereof. "
List the facts in individually numbered sentences. Only include legally relevant information. For example, state whether you were informed of implied consent, how long the officer observed you before administering the breathalyzer, and whether the officer complied with proper breathalyzer procedures. Your lawyer can request maintenance and calibration records for the device. If the device has not been properly maintained, note this fact. [19] X Research source
This is where your lawyer will really help your case. This memorandum of law will include legal arguments and citations to court cases and statutes.
File the motion to suppress before the trial date has been set if you can. Some states allow you to file a motion within a certain number of days after the trial date has been set (e. g. 21 days in Massachusetts). [22] X Trustworthy Source State of Massachusetts Official website for the State of Massachusetts Go to source
If your motion is denied, your lawyer may still attempt to discredit the breathalyzer results during the trial itself.
