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1. People also ask

   What is a breath test for a DUI?

   • A Breathalyzer (the brand name of an early breath-testing device) measures alcohol vapor in your breath. This device is the most commonly used chemical test for DUI suspects. However, the equipment has several drawbacks. The results aren't generally enough to convict you without other evidence supporting intoxication.

   Passed a Breathalyzer Test? You Can Still Be Convicted of a ... - FindLaw

   www.findlaw.com/dui/arrests/passed-a-breathalyzer-test-it-wont-always-get-you-out-of-a-dui-.html

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   Can a DUI officer refuse a breath test?

   • The Court decided the following about chemical tests that accompany proper DUI arrests: An officer doesn't need a warrant to take a breath sample. Requiring the driver to complete a breath test constitutes a valid search incident to arrest. It's okay to make refusing a breath test a crime.

   DUI Testing: Breath, Blood, and Warrants | Nolo

   www.nolo.com/legal-encyclopedia/dui-testing-breath-blood-warrants.html

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   What happens if you get a DUI after a breath test?

   • A DUI investigation and arrest can occur within this period. This means that by a DUI breath test is taken blood alcohol levels might be higher than when the person was driving. An expert witness on drunk driving can often “back out” a driver’s BAC. This may show that the arrest occurred when the defendant’s BAC was still “on the rise.”

   DUI Breath Tests & How to Challenge Them in Court - Shouse Law Group

   www.shouselaw.com/ca/dui/laws/breath-tests/

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   How long does a DUI breath test take?

   • In some cases, it can take as long as two hours for alcohol to be fully absorbed by the bloodstream. A DUI investigation and arrest can occur within this period. This means that by a DUI breath test is taken blood alcohol levels might be higher than when the person was driving. An expert witness on drunk driving can often “back out” a driver’s BAC.

   DUI Breath Tests & How to Challenge Them in Court - Shouse Law Group

   www.shouselaw.com/ca/dui/laws/breath-tests/

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2. www.justia.com › criminal › drunk-driving-dui-dwiPre-Arrest Screening by Law Enforcement in DUI & DWI Cases

   www.justia.com › criminal › drunk-driving-dui-dwi

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   Oct 16, 2023 · Preliminary Breath Test. The preliminary breath test (PBT) can help to corroborate all other evidence and to confirm your judgment as to whether the suspect is impaired. Usually PBT results cannot be introduced as evidence against the driver in court. However, state laws vary in this regard. The Arrest Decision

3. www.shouselaw.com › ca › duiDUI Breath Tests & How to Challenge Them in Court

   www.shouselaw.com › ca › dui

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   1.2. Post-arrest evidentiary DUI breath test; 2. Can a driver refuse to take a DUI breath test? 3. Is it better to choose a DUI breath test or blood test? 4. Can Title 17 violations lead to falsely elevated BAC results? 5. What is the science behind testing breath for BAC? 6. Can medical conditions produce false readings? 6.1.

   • When is a breath test given in a DUI case?

     Law enforcement uses two types of breath tests in DUI cases. These are given (if at all) during two stages in the process as follows: A roadside pr...
   • Can a driver refuse to take a DUI breath test?

     Refusal to take a post-arrest chemical test has consequences. Such consequences typically include: Suspension of the driver's license for at least...
   • Is it better to choose a DUI breath test or blood test?

     There is no widespread consensus among DUI lawyers as to whether a breath test or blood test is best.
   • Can Title 17 violations lead to falsely elevated BAC results?

     Title 17 of the California Code of Regulations sets forth DUI chemical testing procedures. Law enforcement and laboratories must follow these proce...

4. Videos

   • 

     34:21

     youtube.com

     Bodycam DUI Arrest - 26-Year-Old Woman Blows a 0.36% Breath Alcohol Concentration

     Dec 17, 2023

     586.4K Views

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     37:11

     youtube.com

     Bodycam DUI Arrest - 22-Year-Old is All Smiles Until Her Breath Alcohol Test Results Are Revealed

     Dec 28, 2023

     255K Views

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     31:30

     youtube.com

     Bodycam DUI Arrest - 23-Year-Old Woman Gets Arrested for DUI After Debating Breath Test Options

     Nov 28, 2023

     55.2K Views

   View all

5. www.superlawyers.com › resources › dui-dwiField Sobriety Tests (FSTs): An Informative Guide and Your Rights

   www.superlawyers.com › resources › dui-dwi

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   Nov 8, 2023 · If you fail the FSTs, a police officer will have probable cause for a DUI arrest. They may ask you to complete a breath test at the roadside by breathing into a portable breathalyzer. Or they will immediately proceed with the DUI arrest and take you to the police station.

6. www.nolo.com › legal-encyclopedia › dui-testingDUI Testing: Breath, Blood, and Warrants | Nolo

   www.nolo.com › legal-encyclopedia › dui-testing

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   • Implied Consent
   • Penalties For Refusing
   • Breath, Blood, and Warrants
   • A Matter of Privacy
   • Talk to A Lawyer

   "Implied consent" laws impose penalties on drivers who refuse to submit to chemical testing when there's a basis to believe they've just been driving while intoxicated. All 50 states have laws that require motorists who've been arrested or detained on suspicion of drunk driving to consent to blood alcohol concentration (BAC) testing. BAC testing no...

   See full list on nolo.com

   An implied consent law makes cooperating with BAC testing a condition of the privilege of driving. Don't submit to testing in appropriate circumstances, and you lose the privilege—at least for some period of time. And, should you go to trial, the prosecution can present the fact that you refused testing as evidence that you knew you had had too muc...

   See full list on nolo.com

   In the 2016 case, Birchfield v. North Dakota, the U.S. Supreme Court made clear that there's a big difference between having to blow air and being stuck by a needle. (136 S. Ct. 2160 (2016).) The Court decided the following about chemical tests that accompany proper DUI arrests: An officer doesn't need a warrant to take a breath sample. Requiring t...

   See full list on nolo.com

   The Supreme Court based the above rules on an evaluation of privacy interests. Justice Samuel Alito, writing the Court's Birchfield opinion, reasoned that breath tests aren't significant privacy intrusions. He emphasized that they don't involve invasion of the body. Justice Alito equated completing a breath test with blowing up a party balloon. He ...

   See full list on nolo.com

   If you're been arrested for DUI, consult an experienced lawyer. A knowledgeable attorney can explain how the law applies to you—including whether your state's laws might offer more protections.

   See full list on nolo.com

7. Top Stories

   • 
     WBOC Salisbury

     Millsboro Man Arrested for 5th Offense DUI

     A Millsboro man was arrested for his 5th offense DUI following a traffic stop on Friday night. Delaware State Police report that on May 24th, at approximately 8:00pm, a trooper observed a Volkswagen ...

     13 hours ago

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     TMZ

     Kathryn Dennis Caught On Dashcam Video Having Meltdown After DUI Stop

     4 days ago

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     The Sacramento Bee

     CHP to hold DUI checkpoint at this Sacramento-area spot. Here’s when and where

     5 days ago

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     USA TODAY via Yahoo

     Kathryn Dennis of 'Southern Charm' arrested on suspicion of DUI after 3-car collision

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   • NBC 2 Fort Myers

     East Naples man arrested for DUI, several charges after high-speed chase with deputies

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     Woman arrested for DUI after driving through police barricade of fatal crash scene

     7 days ago

   • WKRN articles via Yahoo

     DUI suspect crashes into crew’s dump truck on I-40

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   • FOX 5 Atlanta

     Doraville PD releasing some drivers charged with DUI, while others go to jail

     5 days ago

   • Anchorage Daily News, Alaska via Yahoo

     A Palmer city council member resolved one DUI with a plea deal. An Anchorage case is still open.

     May 22—PALMER — A Palmer city council member has entered a plea agreement to dismiss driving under the influence charges filed in February but faces similar charges from a 2022 arrest in Anchorage ...

     4 days ago

   • popculture.com

     'Southern Charm' Star Arrested and Charged with DUI

     5 days ago

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8. www.superlawyers.com › resources › dui-dwiBreathalyzer Tests for DUI/DWI: Frequently Asked Questions

   www.superlawyers.com › resources › dui-dwi

   • Cached

   Nov 8, 2023 · If the police officer arrests you on a DUI following a failed field sobriety test, you will undergo additional BAC testing at the police station. In states like Texas, you can choose between a breath test or a blood test. In other states, the choice of which chemical test to use is up to the police officer.

   • Location: 2900 Ames Crossing Rd Suite 100, Eagan, 55121, MN

   • Phone: (877) 787-5290

9. www.findlaw.com › dui › arrestsPassed a Breathalyzer Test? You Can Still Be ... - FindLaw

   www.findlaw.com › dui › arrests

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   Dec 11, 2023 · If you're charged with drunk driving, the results of a Breathalyzer test are just one form of evidence that can be used in court. Passing the test doesn't guarantee acquittal. Similarly, failing a breath analysis test doesn't guarantee a conviction.

10. www.findlaw.com › dui › arrestsCan I Refuse a Breathalyzer Test - FindLaw

    www.findlaw.com › dui › arrests

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    Jul 5, 2023 · Yes, you can refuse a breath test in any state. However, there will always be a consequence for refusing a post-arrest breath test from a police officer unless your case is dismissed. The severity of the penalty varies by state, even if you weren't drunk driving.