Preliminary alcohol screening device
DUI Lawyer Field Sobriety Test | Alcohol Level Screening Device
If you have been stopped with suspicion that you are driving while under the influence of alcohol, one of the first things an officer will do is to stop and ask you to get out of the car. He may try to detect the smell of alcohol on your breath. Then he may ask you to do balance and coordination tests: stand on one foot, cross your arms a certain way, etc. Then they often get out a handheld breath screening device and ask you to blow into it.
Blowing into the Breathalyzer is voluntary
At that point, they are required by law to inform individuals that blowing into the hand held Breathalyzer at that point is purely voluntary. Often, they do not tell you it’s voluntary and just tell to “blow into this.” My advice is to refuse to take the hand held test . This is because the device is not accurate and is programmed not to print out any result.
DO NOT Refuse the Breath or Blood Test at the Police Station
Many times the officer will not even show you the result of the test. The officer will probably arrest you if you refuse to take this test, but they will probably arrest you anyway. If you are arrested, you will be asked to take a breath or blood test at the police station or hospital. Do not refuse to take one of these tests. If you do, you could lose lyour license for a year. Even if you are innocent of the charge..
What was your Blood Alcohol Level at the time you were Driving?
The important question for law enforcement is: What was your blood alcohol level at the time you were driving? The difference between taking the Breathalyzer test beside the road and in the police station can be critical, because while the reading at the roadside might be .09, it could have changed to .08 by the time you get to the police station.
A highly experienced DUI / DWI defense attorney like Blackie Burak has the background and the knowledge necessary to defend your rights vs. police testimony that may have been collected in a faulty manner either at a DMV hearing or at a jury trial.
My office is conveniently located to serve clients in Northern & Central California including: Walnut Creek, Oakland, Vallejo, Fairfield, Napa, Fremont, Hayward, Concord, Martinez, Richmond, Susanville, Redding, Red Bluff and Contra Costa, Alameda, Solano, Shasta, Lassen, and Tehama counties.
But remember: I will fly to where you are, if necessary, should we decide that I’m the lawyer for the job when you need legal representation, following a DUI / DWI charge. Contact me ASAP if you have been arrested, and care about your future.
