If pulled over after drinking, an officer will usually have you perform a field sobriety test (walking a straight line, touching your nose, etc.) to assess your motor skills, and a preliminary breath test to determine a need for further, more substantive testing such as a blood or urine BAC tests.
The breath test, administered with a breathalyzer, is the easiest and most commonly used method to measure someone’s Blood Alcohol Concentration (BAC). Breathalyzer results are not 100% accurate and can be skewed by the number of drinks consumed and the time frame of the drinking.
If the officer orders a blood test to determine BAC, it will be performed at a hospital. This is the most reliable method for calculating BAC at the point in time that the driver was taken into custody.
A urine test will determine the levels of alcohol in your system hours or days before the time of the test. Because of the time it takes alcohol to enter and exit the digestive system, it will not measure BAC at the present time.
All states have an “implied consent” law. “Implied consent” means that, simply by the act of operating a vehicle, you are consenting to be subjected to the tests deemed necessary.
If you find yourself faced with Driving Under the Influence (DUI), Driving While Intoxicated (DWI) or Operating Under the Influence (OUI) charges that you wish to dispute, an aggressive attorney with a great deal of experience will help protect your rights.
Contact the attorneys at Revelli & Luzzo for a free consultation to determine your options and the next steps toward removing those charges.