What Is a Breathalyzer?
A breathalyzer is a device used by law enforcement to estimate your blood alcohol level by testing your breath. There are two types of breathalyzers that police officers use throughout the United States. Typically, they are either small, hand-held devices or larger ones found in police stations. If you are pulled over by a police officer in Oregon and they suspect you are driving under the influence of an intoxicant (DUI), a breathalyzer may be used to help verify their suspicions.
In Oregon, if a police officer suspects that you have been driving while impaired, you will likely not be offered to blow into a handheld device at your vehicle. Rather you will be arrested for suspicion of DUII and brought to a police station to test your blood alcohol content (BAC) by your breath. The machine most often used for this in Oregon is called the Intoxilyzer 8000. If the machine determines you have a blood alcohol content (BAC) of .08 percentage or higher, you will be presumed as legally intoxicated. The reading from the breathalyzer may also be used as evidence against you in court.
How Does a Breathalyzer Work?
The Intoxilyzer 8000 is designed to analyze breath samples to determine a person’s BAC level. If you consent to a breath test in Oregon, the Intoxilyzer 8000 will take two breath samples. Those breath samples are separated by a few minutes. Once you blow and provide a sample for analysis, the machine uses a series of formulas to determine what the BAC of that person would be. Obviously, there’s a lot more science behind it then that, but suffice to say that a great DUI defense attorney has a grasp of the issues and arguments that might apply to specific facts of your case.
Why Do I have To Go to a Police Station for a Breath Test in Oregon?
Since small, hand-held breathalyzers are not considered reliable enough to provide evidence in court in Oregon, those arrested for a DUI are typically brought to the police station to use the larger Intoxilyzer 8000. To reduce faulty readings, all breath alcohol testers used by law enforcement in the US must be approved by the Department of Transportation’s National Highway Traffic Safety Administration. They are also inspected, re-calibrated, and certified several times per year. These machines are different from personal hand-held breathalyzers, and while there are many devices that are available for consumer use, in Oregon, the law enforcement standard is the only standard that is considered in court. In court, they use either a blood test or the Intoxilyzer 8000 breath test as scientific evidence of BAC. Once again, if you blow a .08 or higher, you will be presumed as legally intoxicated. Be advised that you can still be charged with a DUI if you blow under the legal limit, so make sure to consult with a DUI specialist to advise you about your case.
I Blew into a Breathalyzer and Was Cited For a DUI. What Do I Do?
If you were cited for a DUI in Oregon after completing a breath test, Reynolds Defense Firm can help. Whether you choose us, or hire another law firm for help, we urge you to act quickly. A DUI citation carries serious consequences, and these matters are time sensitive. Should you or someone you know need additional assistance after your arrest, do not hesitate to contact our firm. There is no charge for our consultation, and it is the first step towards a successful outcome for your case.





0 Comments