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April 6, 2023

Reasons NOT to blow in a breathalyzer MACHINE IN a DUI case

In a DUI case, one of the key pieces of evidence that prosecutors use is a Breathalyzer or blood test result. Many people assume that they should always comply with a breathalyzer test when pulled over for a DUI. However, there are valid reasons why someone may choose not to blow. In this blog, we'll explore the reasons why you should not blow in a DUI case.

1.     Inaccurate Test Results: Breathalyzer tests are not always accurate. The results can be influenced by a variety of factors, such as the calibration of the machine or the presence of certain chemicals in the person's system. False positives are not uncommon, and there have been cases where people have blown over the legal limit even though they had not consumed any alcohol.

2.     Legal Consequences: If you blow over the legal limit, the state can use that as evidence against you in court. Refusing to blow, on the other hand, can make it more difficult for the state to prove its case. However, it's important to note that there can be legal consequences for refusing to blow, such as license suspension or increased penalties if you are ultimately convicted.

3.     Challenging Test Results: If you do blow and the results show that you were over the legal limit, it can be difficult to challenge those results in court. However, if you refuse to blow, your attorney can argue that the state does not have sufficient evidence to prove its case.

4.     Privacy Concerns: Breathalyzer tests can be invasive and humiliating. If you are concerned about your privacy or have a medical condition that makes it difficult to blow, you may choose to refuse the test.

5.     Protection Against Self-Incrimination: Under the Fifth Amendment, individuals have the right to protection against self-incrimination. By refusing to blow, you are exercising that right and avoiding the risk of incriminating yourself.

6.     Testing Procedures: In some cases, the testing procedures for a breathalyzer test may not be followed properly, which can lead to inaccurate results. By refusing to blow, you may be able to challenge the accuracy of the test and avoid a wrongful conviction.

7.     Preservation of Evidence: In some cases, a blood test may be a more accurate measure of a person's BAC than a breathalyzer test. By refusing to blow, you may be able to preserve the opportunity to have a blood test done instead, which could provide more accurate evidence in your favor.

8.     Medical Conditions: If you have a medical condition that affects your ability to blow, such as asthma or a lung disease, you may choose not to blow in order to avoid exacerbating your condition.

9.     Prior Convictions: If you have prior DUI convictions, blowing over the legal limit can result in more severe penalties. Refusing to blow may be a strategic decision to minimize the legal consequences of a DUI charge.

10.  Field Sobriety Tests: In some cases, a law enforcement officer may administer field sobriety tests to determine if you are under the influence. If you have passed these tests and do not exhibit any signs of impairment, you may choose not to blow in order to avoid providing further evidence of intoxication.

11.  Attorney's Advice: Your attorney may advise you not to blow in certain situations, such as if the testing equipment has a history of inaccuracies or if your BAC is likely to be very close to the legal limit.

12.  Lack of Probable Cause: In order for law enforcement to request a breathalyzer test, they must have probable cause to believe that you are under the influence. If they do not have a valid reason for the test, you may choose not to comply.

13.  Fear of Injury: If you are pulled over on the side of a busy road or in a dangerous area, you may feel uncomfortable blowing into a breathalyzer. In these situations, you may choose not to blow in order to protect your safety.

14.  Potential for Civil Liability: If you blow over the legal limit, you may be held civilly liable for any damages or injuries that occur as a result of your actions while under the influence. Refusing to blow may limit your exposure to civil liability.

15.  Innocence: If you are not under the influence of alcohol, blowing into a breathalyzer can still result in a positive test result due to the factors mentioned above. Refusing to blow may be a way to avoid a wrongful conviction.

16.  Cultural or Religious Beliefs: Some individuals may choose not to comply with a breathalyzer test due to cultural or religious beliefs that prohibit the consumption of alcohol.

17.  Fear of Technology: Some individuals may be hesitant to blow into a breathalyzer due to a fear or distrust of technology. They may believe that the test results are inaccurate or biased.

18.  Personal Values: Refusing to blow may be a personal decision based on your values and beliefs about the legal system, law enforcement, or alcohol consumption.

In conclusion, while there can be legal consequences for refusing to blow in a DUI case, there are valid reasons why someone may choose not to comply with a breathalyzer test. Inaccurate test results, legal consequences, challenging test results, privacy concerns, protection against self-incrimination, testing procedures, and preservation of evidence are all factors to consider when deciding whether or not to blow in a DUI case. Ultimately, it's important to consult with an experienced DUI attorney who can provide guidance and support throughout the legal process.


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