People who regularly enjoy alcoholic beverages have to worry about the possibility of committing a driving while intoxicated (DWI) offense. It is notoriously difficult for people to gauge their own impairment. They may feel as though they are sober enough to drive but could then potentially cause a crash or get arrested during a traffic stop.
The availability of pocket breath tests or personal breathalyzers has helped those who enjoy alcohol feel more confident about going out for a drink. They can perform a test to see if they are safe to drive instead of risking DWI charges on their way home. While those breath tests can sometimes give people valuable insight about when not to drive, they can also create a false sense of security.
Test results may not be accurate
Although people tend to implicitly trust chemical tests, they don’t always return reliable results. Even breath test devices maintained by police departments can return inaccurate results in some scenarios. A personal device carried and maintained by an individual could very easily provide someone with inaccurate results.
A private owner may not understand when or how to calibrate the device. The unit could return unreliable results because the user has not adjusted the unit or updated its software in months. The timing of test administration is also a key consideration.
If someone takes the test right after finishing a drink, the alcohol they just consumed has not entered their bloodstream yet. Their blood alcohol concentration (BAC) could continue to rise for several hours after they finish drinking. They could potentially get pulled over 20 or 30 minutes after administering a test and have much higher results when the police test them.
Although a pocket breath test does not necessarily protect someone against DWI charges, it can help them screen for impairment. Prior test results could also serve as mitigating evidence showing that someone truly intended to follow the law and prioritize the safety of everyone on the road.
Responding effectively to Missouri DWI charges can require vastly different strategies, depending on the circumstances leading to someone’s arrest. For example, those who passed a breath test previously could potentially raise questions about the accuracy of the test administered by the police.
