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The Breathalyzer and DUI charges

The Breathalyzer, which can provide a quick measurement of a person's blood alcohol concentration level, is only one of many kinds of evidence that can be used against a person who has been charged with a DUI. Washington drivers should be aware that passing a BAC test does not mean an automatic acquittal.

There are several characteristics people can exhibit when they are driving while impaired, according to information from the National Highway Traffic Safety Administration. The driving patterns give law enforcement enough reason to stop a vehicle and evaluate the situation for a DUI.

Individuals should refuse to answer any questions regarding their recent alcohol consumption until they consult with an attorney, as is their right, as their statements can be used against them in court. A police officer will include in his or her statement an individual's admission of having any amount of alcoholic drinks. The behavior of the individual will also be noted.

When a person is asked to undergo a test, he or she is required to do so, according to implied consent laws. Refusing a chemical test can result in the denial being admitted as incriminating evidence in court and the automatic suspension of driving privileges. If a person fails a test with a BAC of 0.08 or higher, he or she will likely be taken into custody. A driver may also be charged with a DUI if he or she has a BAC between 0.05 and 0.07 and there is additional evidence indicating impairment.

Individuals who are suspected of drunk driving should speak with a criminal defense attorney to see if there are ways to counter the allegations. Breath tests sometimes give false results, and an attorney may find it advisable to mount a challenge on the basis that the machine that was used was improperly calibrated at the time.

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