woman blowing into a breathalyzer

3 Myths about Sobriety Tests

If you are ever stopped by the police on suspicion of DUI, you will likely be asked to take a sobriety test. There are a variety of sobriety tests that police officers can use, and the type of test you are given may depend on the officer's discretion. However, many people also share misconceptions about these sobriety tests. Our defense attorneys at Melowski & Singh, LLC debunk common myths about sobriety tests below.

Myth: Sobriety Tests Are Always Accurate

A variety of factors unrelated to impairment can affect a person's performance on sobriety tests, including age, weight, fitness level, and even the shoes they are wearing. In addition, officers often use their own discretion when interpreting the results of sobriety tests, which can lead to false positives. As a result, it is important to remember that sobriety tests are not always reliable indicators of impairment.

Additionally, even breathalyzer tests can present inaccurate results depending on the machine itself, the machine’s calibration, the officer’s use of the device, and more factors.

Myth: You Always Have To Take Breath Tests

A roadside breath test, also known as a preliminary breath test or PBT, is a device used by police officers to determine if a driver is intoxicated. This type of test is not required under implied consent laws. And in most states, the results of a PBT are not admissible in court.

Myth: Being Above the Legal Limit Will Definitely Lead to a Conviction

If you are arrested for driving under the influence (DUI), it does not necessarily mean you will be convicted. In fact, there are many ways to avoid a DUI conviction, even if your blood alcohol content (BAC) is above the legal limit.

One way to avoid a conviction is to challenge the legality of the traffic stop. If the police did not have a valid reason for pulling you over, then any evidence they gathered due to the stop may be inadmissible in court. Additionally, you can challenge the accuracy of the field sobriety or breathalyzer tests. If the prosecution cannot prove that these tests were administered correctly, their results may not be used as evidence against you.

Sheboygan, Wisconsin DUI Defense

If you have been arrested for DUI, you may be feeling scared and unsure of what to do next. The most important thing you can do is to hire an experienced DUI defense attorney who can help you navigate the legal process and protect your rights. Get started with our team at Melowski & Singh, LLC; we’ll go to bat for you.