Martin & Kent, L.L.C. Martin & Kent, L.L.C.

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The role of the Breathalyzer in a DUI case

Motorists in Illinois and throughout the nation may be asked to take a Breathalyzer test if they are suspected of drunk or impaired driving. However, the results of a test may not determine whether or not an individual is charged with a DUI. This is because it is only one piece of evidence that may be used when determining whether or not a driver is impaired.

According to the National Highway Traffic Safety Administration, there are 20 conditions that may indicate that an individual is drunk or impaired. If an officer sees any signs of impaired driving, it may be the basis for a traffic stop. Drivers are advised to remain polite and not answer any questions about how many drinks that they may have had prior to getting into the vehicle. This is because admitting to drinking before driving may be used as evidence in court.

The fact that an individual is hostile or jovial around an officer may also be used as evidence. In some states, motorists may be charged with DUI if they have a blood alcohol content of between .05 and .07 percent even if they are under the legal limit of .08 percent. Implied consent laws obligate drivers to submit to a Breathalyzer test or risk a license suspension.

Drivers who are charged with DUI may face several penalties if convicted. For instance, it may be possible to spend time in jail, pay a fine or have their licenses suspended. An attorney may be able to come up with a defense to the charge such as the fact that a Breathalyzer test was inaccurate or conducted improperly. It may also be possible to argue that a driver had symptoms of an illness that mimicked the signs of impairment during a traffic stop.

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