When you are involved in an accident, law enforcement officers at the scene are very likely to conduct Breathalyzer tests on drivers immediately after the accident. This generally is not an accusation of intoxication; however, it is important that all drivers do adhere to the request, because a Breathalyzer test refusal is often interpreted as an admission of guilt.
Breathalyzer tests are so widely used because of their practicality and their size. Courts have deemed them to be "reasonably accurate" and therefore, a valid way to measure a person's blood alcohol concentration (BAC). However, one of the main criticisms of Breathalyzer tests is that they can occasionally give false positive results after a car accident, and this can potentially lead to a person being unfairly charged with causing an accident.
Calibration of Breathalyzer tests
Breathalyzer tests must be calibrated on a regular basis, and there are laws governing how often this should be done. If it is not calibrated, it can lead to inaccurate results. You may have a reason to believe that the test performed was inaccurate.
For example, by law, a Breathalyzer test must consistently measure two readings that are within .02 of each other. If you experienced a test that continued to produce a wide range of readings, you may be able to successfully defend yourself from a DUI charge.
If you have been involved in an accident and accused of driving under the influence as a result, it is important to take action and defend yourself.