Breath Test Evidence in The United States
The breath alcohol content reading is used in criminal prosecutions in two ways. The operator of a vehicle whose reading indicates a BAC over the legal limit for driving will be charged with having committed an illegal per se offense: that is, it is automatically illegal throughout the United States to drive a vehicle with a BrAC of 0.08 or higher. One exception is the State of Wisconsin, where a first time drunk driving offense is normally a civil ordinance violation. The uniformity is due to Federal guidelines, since motor vehicle laws are States'; in earlier years the range of the threshold varied considerably between States. The breath analyzer reading will be offered as evidence of that crime, although the issue is what the BrAC was at the time of driving rather than at the time of the test. Some jurisdictions now allow the use of breath analyzer test results without regard as to how much time passed between operation of the vehicle and the time the test was administered. The suspect will also be charged with driving under the influence of alcohol (sometimes referred to as driving or operating while intoxicated). While BrAC tests are not necessary to prove a defendant was under the influence, laws in most states require the jury to presume that he was under the influence if his BrAC is found and believed to be over 0.08 (grams of alcohol/210 liters breath) when driving. This is a rebuttable presumption, however: the jury can disregard the test if they find it unreliable or if other evidence establishes a reasonable doubt.
Infrared instruments are also known as "evidentiary breath testers" and generally produce court-admissible results. Other instruments, usually hand held in design, are known as "preliminary breath testers" (PBT), and their results, while valuable to an officer attempting to establish probable cause for a drunk driving arrest, are generally not admissible in court. Some states, such as Idaho, permit data or "readings" from hand-held PBTs to be presented as evidence in court. If at all, they are generally only admissible to show the presence of alcohol or as a pass-fail field sobriety test to help determine probable cause to arrest. South Dakota does not permit data from any type of breath tester, and relies entirely on blood tests to ensure accuracy.
Read more about this topic: Breathalyzer
Famous quotes containing the words the united states, united states, breath, test, evidence, united and/or states:
“To be President of the United States, sir, is to act as advocate for a blind, venomous, and ungrateful client; still, one must make the best of the case, for the purposes of Providence.”
—John Updike (b. 1932)
“Television is an excellent system when one has nothing to lose, as is the case with a nomadic and rootless country like the United States, but in Europe the affect of television is that of a bulldozer which reduces culture to the lowest possible denominator.”
—Marc Fumaroli (b. 1932)
“Never to have lived is best, ancient writers say;
Never to have drawn the breath of life, never to have looked into the eye of day;
The second best’s a gay goodnight and quickly turn away.”
—William Butler Yeats (1865–1939)
“Preoccupation with money is the great test of small natures, but only a small test of great ones.”
—Sébastien-Roch Nicolas De Chamfort (1741–1794)
“Important as fathers are, their influence on children shouldn’t be exaggerated just because they were ignored so long. There is no evidence that there is something especially good about fathers as caretakers. There are no areas where it can be said that fathers must do certain things in order to achieve certain outcomes in children. The same goes for mothers.”
—Michael Lamb (late–20th century)
“In the United States, it is now possible for a person eighteen years of age, female as well as male, to graduate from high school, college, or university without ever having cared for, or even held, a baby; without ever having comforted or assisted another human being who really needed help. . . . No society can long sustain itself unless its members have learned the sensitivities, motivations, and skills involved in assisting and caring for other human beings.”
—Urie Bronfenbrenner (b. 1917)
“Courage, then, for the end draws near! A few more years of persistent, faithful work and the women of the United States will be recognized as the legal equals of men.”
—Mary A. Livermore (1821–1905)