Are Roadside Breathalyzers Admissible in Court?

Breathalyzer tests, which measure a person's blood alcohol content, are admissible in court as evidence of driving while intoxicated. Some exceptions exist, but they are generally accepted as evidence in most situations.

DUI/DWI

• Breathalyzer tests are administered to determine if a person is over the legal intoxication limit while driving. The tests are used as evidence in DUI/DWI (driving under the influence/driving while intoxicated) charges. Whether a DUI is a felony or a misdemeanor depends on how much over the legal limit of 0.08 percent blood alcohol content (BAC) a person is.

Breathalyzers

• Certain breathalyzer models offer results that are not admissible in a court of law. The SD-2 and the Alcosensor III give inadmissible results, for instance. They do, however, provide probable cause for an officer to make an arrest. Also keep in mind that breathalyzer results are not necessary for a conviction on a DUI. The officer's testimony on the defendant's drunken behavior is usually enough to convict.

Defenses

• A good lawyer can contest the impact of a breathalyzer's results. For example, he can call into question the existence of other variables that may have caused the breathalyzer to register a higher BAC than it should have. Outside temperature, breathing patterns and a subject's temperature can all affect a reading. Also, BAC results might register the presence of alcohol in the mouth, not the lungs, which has not been absorbed by the body and has not caused intoxication in the person.