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:
“The United States is not a nation to which peace is a necessity.”
—Grover Cleveland (1837–1908)
“The puritanical potentialities of science have never been forecast. If it evolves a body of organized rites, and is established as a religion, hierarchically organized, things more than anything else will be done in the name of “decency.” The coarse fumes of tobacco and liquors, the consequent tainting of the breath and staining of white fingers and teeth, which is so offensive to many women, will be the first things attended to.”
—Wyndham Lewis (1882–1957)
“The test of a real comedian is whether you laugh at him before he opens his mouth.”
—George Jean Nathan (1882–1958)
“Never say a humorous thing to a man who does not possess humour. He will always use it in evidence against you.”
—Herbert, Sir Beerbohm (1853–1917)
“Some of the offers that have come to me would never have come if I had not been President. That means these people are trying to hire not Calvin Coolidge, but a former President of the United States. I can’t make that kind of use of the office.... I can’t do anything that might take away from the Presidency any of its dignity, or any of the faith people have in it.”
—Calvin Coolidge (1872–1933)
“We cannot feel strongly toward the totally unlike because it is unimaginable, unrealizable; nor yet toward the wholly like because it is stale—identity must always be dull company. The power of other natures over us lies in a stimulating difference which causes excitement and opens communication, in ideas similar to our own but not identical, in states of mind attainable but not actual.”
—Charles Horton Cooley (1864–1929)