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On Behalf of The Foley Law Firm | January 12, 2022

One of the first things that a police officer will do when they initiate a traffic stop for suspected drunk driving is to try to determine what’s going on with the driver. They will usually talk to the person, but they may also do tests to determine whether they’re impaired.

While movies and television shows tend to focus on the roadside breath test, this isn’t the test that’s the most accurate. The breath test that’s shown in movies is the preliminary alcohol screening. The PAS can’t be used as the sole reason to levy criminal charges against a person.

What test can be used as evidence?

The PAS isn’t usually admitted into evidence in a criminal case because the handheld devices are considered unreliable in determining a person’s blood alcohol concentration (BAC). More sophisticated, reliable machines are usually kept at the police station and at jails.

In addition to the breath tests, BAC can also be determined through urine or blood tests. These are usually done at the hospital or a doctor’s office. The BAC is important because there is a legal limit of .08 for adults and lower limits for minors and those driving commercial vehicles.

Taking the time to explore your defense options when you’re charged with drunk driving is beneficial. You should start looking into them right away because some are time sensitive. Think about how each one will affect your future so you can determine what you’re going to do. Having experienced legal guidance can help you make the best decisions for your situation.

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