In the state of Alabama, law enforcement officers use breathalyzer tests to make determinations about whether or not an individual has been driving drunk. Legally speaking, the amount of alcohol that is in a person’s blood stream at any given time is referred to as his or her blood alcohol content (BAC). The BAC indicates the amount – measured in percentage points – of alcohol that is found in the blood. Federal law dictates that any individual who is driving a motor vehicle with a blood alcohol content of .08% or above is legally impaired and hence unfit to drive. For drivers in Birmingham, state law also dictates that individuals operating commercial vehicles to observe a BAC limit of .04% and underage drivers, .02%.
But what should a person in Birmingham do if he or she fails a breathalyzer test and is found to have a BAC that exceeds the legal limit. Challenging a breathalyzer is an option that every Birmingham resident can exercise if he or she feels that the test provided an inaccurate reading. Breathalyzers are based on scientific calculations and as such they sometimes subject to inaccuracies. There are several factors that can influence the results of a breathalyzer including the individual’s body weight, metabolism, and gender. Certain consumer products like chewing gum and cough syrup can also cause inaccurate measurements in a breathalyzer.
The fact that breathalyzers use a specific set of data standards to measure BAC they do not take such factors into account. For individuals who have been arrested for DUI because of a failed breathalyzer, it is critical that they obtain competent legal counsel with experience in fighting DUI cases. A strong legal defense can investigate the results of the breathalyzer and look for possible errors therein and thus challenge the arrest.
