Breathalyzers and Intoxication: Understanding the Legal Implications
When a person blows a zero on a breathalyzer, it might seem straightforward that all charges of intoxicated driving would be dropped. However, the legalities and practicalities of this situation are more complex than they initially appear. This article explores the nuances of breathalyzers, drug driving, and the legal process when dealing with charges related to intoxication while driving.
Understanding Intoxication and Breathalyzers
Intoxication is not limited to alcohol consumption. It encompasses the use of various substances that can impair driving ability, including drugs. While breathalyzers are designed to detect alcohol in the bloodstream, they do not test for all substances that can impair a driver.
The question of whether a breathalyzer reading of zero means all charges of intoxicated driving will be dropped is fundamentally flawed. In reality, the charge is often not simply “driving while drunk,” but rather “driving while intoxicated,” which can include substances other than alcohol.
The Roadside Testing Process
When a driver is suspected of intoxication, the process can vary depending on the jurisdiction and the context of the stop. In some areas, the initial testing may involve a breathalyzer. Here’s an overview of what typically happens:
Denmark: Breathalyzers are used as frontline tests in Denmark. If a driver is stopped for a routine check or with suspicion, they may be asked to blow into a breathalyzer. If the breathalyzer detects any trace of substances, the driver will be asked to provide a more precise sample. If the result is above 0.05, the driver is arrested, charged with drunk driving, and taken to a hospital or clinic for a blood sample. Sometimes, a doctor is brought to the scene to verify the results. If the blood test is negative, the driver is released, and charges may still depend on other evidence such as reckless driving or having an open alcohol container in the vehicle.
Limitations of Breathalyzers
Breathalyzers have limitations and are not foolproof. If a person smells of alcohol and exhibits signs of intoxication, the police may still investigate using more reliable methods such as a blood test. If that blood test comes back negative, the charges for intoxicated driving may be dropped. However, drivers can still face other charges such as reckless driving or having an open alcohol container in the vehicle. These charges can have serious consequences and are often difficult to contest without a legal professional.
Challenges in Drug Driving Cases
Drug driving cases can be particularly complex. Drug tests can be administered in various ways, including saliva, blood, and urine. If a breathalyzer test indicates zero, a driver may still be required to undergo a more thorough test. For example, if there’s a reasonable suspicion of drug use, the police may require a blood or urine test for less commonly abused drugs and certain prescription drugs. If these tests also come back negative, the charges for intoxication will be dropped.
However, it’s important to note that the process is not always straightforward, and charges for other offenses such as reckless driving or driving with an open alcohol container can still apply. The outcome depends on the specific circumstances of the case and the evidence presented.
Conclusion
The process of determining intoxication and the process of challenging charges can be complicated and highly dependent on the jurisdiction and the specific circumstances of the case. While a breathalyzer result of zero significantly impacts the likelihood of charges for intoxicated driving, drivers can still face other legal issues. Understanding the limitations of breathalyzers and the complexities of drug driving cases is crucial for anyone facing such charges. Seeking legal advice is often the best course of action to ensure the best possible outcome.