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Schmidlkofer , Toth , Loeb & Drosen, LLC
  • Home
  • About
    • Our Firm
    • David J. Behm
    • J. Greer Black
    • Christopher M. Drosen
    • Grete A. Engel
    • Basil M. Loeb
    • Scott A. Schmidlkofer
    • Mark R. Toth
  • Areas of Practice
    • Business Law And Collections
    • Civil Litigation
    • Criminal Defense
    • Estate Planning
    • Family Law
    • Mediation
    • Personal Injury
    • Real Estate Law
  • Blog
  • Contact
  • Home
  • About
    • Our Firm
    • David J. Behm
    • J. Greer Black
    • Christopher M. Drosen
    • Grete A. Engel
    • Basil M. Loeb
    • Scott A. Schmidlkofer
    • Mark R. Toth
  • Areas of Practice
    • Business Law And Collections
    • Civil Litigation
    • Criminal Defense
    • Estate Planning
    • Family Law
    • Mediation
    • Personal Injury
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  • Blog
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  5. What should you know about roadside breath tests?

What should you know about roadside breath tests?

On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC | Jan 30, 2023 | DUI Questions |

Police officers who initiate a traffic stop for the suspicion of drunk driving must determine whether the driver is impaired or not. One of the ways they can do this is through chemical testing, which includes urine, blood or breath tests. Another option is a field sobriety test.

The officer may have a portable breath test device in their vehicle. This can give them an idea of whether a person is legally intoxicated. It can provide them with probable cause for an arrest.

Limitations of a roadside breath test

The roadside breath test machine isn’t always reliable. It’s not considered accurate enough to be considered as evidence in a court case. The officer isn’t required to have a breath test result in order to conduct an arrest. It’s simply a tool they have to get the estimated blood alcohol concentration for a driver.

BAC levels that are admissible in court must come from a blood, urine, or stationary breath test. There’s a breath test machine that’s usually found in police departments or jails that’s much larger than the small handheld testing devices. Results from those larger machines are used in cases because they’re more reliable as long as the machine is properly maintained and calibrated. The person administering the test must also be properly trained.

Facing a drunk driving charge is a serious matter. Learning your defense strategy options is beneficial because you can make an informed decision about what to do. Some of the options you have might be time sensitive so be sure you find this information out as quickly as you can. 

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