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 united states, breath, test, evidence, united and/or states:
“It is said that the British Empire is very large and respectable, and that the United States are a first-rate power. We do not believe that a tide rises and falls behind every man which can float the British Empire like a chip, if he should ever harbor it in his mind.”
—Henry David Thoreau (1817–1862)
“What greater light can be hoped for in the moral sciences? The subject part of mankind in most places might, instead thereof, with Egyptian bondage expect Egyptian darkness, were not the candle of the Lord set up by himself in men’s minds, which it is impossible for the breath or power of man wholly to extinguish.”
—John Locke (1632–1704)
“No drug, not even alcohol, causes the fundamental ills of society. If we’re looking for the sources of our troubles, we shouldn’t test people for drugs, we should test them for stupidity, ignorance, greed and love of power.”
—P.J. (Patrick Jake)
“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)
“The Federated Republic of Europe—the United States of Europe—that is what must be. National autonomy no longer suffices. Economic evolution demands the abolition of national frontiers. If Europe is to remain split into national groups, then Imperialism will recommence its work. Only a Federated Republic of Europe can give peace to the world.”
—Leon Trotsky (1879–1940)
“On the whole, the great success of marriage in the States is due partly to the fact that no American man is ever idle, and partly to the fact that no American wife is considered responsible for the quality of her husband’s dinners.”
—Oscar Wilde (1854–1900)