In our last blog, we discussed Field Sobriety Tests and what is involved with taking each portion of the three tests. Today, we will continue our series on the legal ramifications of driving under the influence with a discussion about what is involved in a breathalyzer test and whether taking one after an arrest is required in the state of Massachusetts.
What is a Breathalyzer?
A breathalyzer is a device used by law enforcement to estimate the level of alcohol in a person’s breath. The device consists of a small tube that a driver must blow into to determine if they have been driving under the influence of alcohol.
The reading from the breath sample will give law enforcement an indication of what your Blood Alcohol Level was while behind the wheel. It is common that officers will ask for two or more samples of breath that usually require the driver to breathe into the tube for 10 seconds or more at a time.
How Does a Breathalyzer Work?
Breathalyzers measure the amount of ethanol on a person’s breath. They work in a few different ways. A breathalyzer machine uses a chemical reaction that causes a chemical solution to react with the breath to indicate the level of alcohol.
The test also works with an infrared beam that measures infrared absorption. The more absorption, the higher the ethanol level. And finally, the test uses a fuel cell that reacts with the alcohol, producing an electrical discharge. The amount of electricity produced is directly proportional to the amount of alcohol in the breath.
How Accurate Are Breathalyzers?
Many different factors can determine the accuracy of a breathalyzer test. A person’s health, temperature, and the compounds on the person’s breath may impact accuracy. Additionally, human error during the test process could also decrease accuracy.
According to the National Library of Medicine, the error rate of a breathalyzer may be between 15-20%. This number means that your attorney may be able to argue in favor of your breathalyzer being thrown out of your DUI case.
Are Drivers Required to Take a Breathalyzer?
The state of Massachusetts is an implied consent state when it comes to a breathalyzer. This means that by driving, you have consented to a breathalyzer.
Are There Consequences of Not Taking a Breathalyzer?
Refusing to take a breathalyzer is not a criminal offense, but there are other consequences to consider. These include an automatic 180-day license suspension, an impounding of the vehicle for 12 hours, RMV notification of the refusal, and skyrocketing insurance premiums.
Need legal assistance after a DUI arrest? Talk to our team at Patrick Conway Law Offices in Salem, MA.