Things You Need to Know About Your Breath Test Sample if Stopped for a DUI
Stopped for suspicion of driving under the influence of alcohol and given a breath alcohol test? Well, here is all that you need to know:
According to lawyer Ziad Youssef of MyTrafficMan.net the Draeger 9510 is the breath alcohol instrument most commonly used in Washington DUI investigations and like the DataMaster, which is an obsolete instrument, it analyzes breath to help police estimate the level of alcohol in a person’s blood.
According to the prevalent laws in most of the states, the legal limit for breath alcohol has been set at .08, which means that anyone with a breath alcohol level of .08 is assumed to be driving under influence. However, recent developments in DUI defense strategies have created reasons to doubt the results of the instrument. The Draeger 9510 works with the help of software that has yet not been validated by the state. The said software controls the data when the breath alcohol sample is collected. It has sensors that check and record flow rate, volume, breath alcohol level and time to ensure the minimum criteria for a breath sample.
As per the DUI law in Washington, the instrument has to test only the last portion of air exhaled by the driver into the Draeger among other things. Challenging the reliability or accuracy of a Draeger 9510 breath test or its functioning have not resulted in the inadmissibility of the test results which means the hearings officer at a Department of Licensing hearing and the jury in a criminal trial will likely see results and they may consider the challenge in deciding what weight to give the test result. Presenting evidence of an invalid test is critical to successful hearing and may save the driver from DUI penalties since the burden of challenging the weight of a breath test is on the driver.
For more local DUI news and information please visit http://www.toronto-dui-lawyer.ca/dui-news/