Utah DUI Breath Test Attorney | Breathalyzer | Intoxilyzer
If you have been charged with a Utah DUI you probably submitted to a breath (breathalyzer) test…or two.
There are essentially two types of breath tests to determine someone’s breath alcohol concentration, one which is not so reliable and another which is a little more reliable.
The Portable Breath Test is given by an officer to help the officer determine if the driver’s breath alcohol concentration is sufficient to give him the probable cause to arrest the driver for DUI and then administer an Evidentiary Breath Test. Portable Breath Tests are not very reliable and their results are rarely admitted in court.
If the results of the Portable Breath Test show that the driver has been drinking, the officer will then ask the driver to submit to a subsequent Blood, Urine, Oral Fluids [link to Blood, Urine, and Oral Fluids Test page], or second Breath Test. If you refuse the officer’s request to take a subsequent breath test you may have your driver’s license suspended for 18 months.
The second breath test that will be administered will take place after you have been taken into custody to the police station. It is called the Evidentiary Breath Test, the results of which the state will rely on to prosecute your DUI offense. The Evidentiary Breath Test is carried out by your breathing into one of two machines, the Intoxilyzer 5000 or the Intoxilyzer 8000.
Officers who administer the breath test via the Intoxilyzer machine must be certified to do so, and must keep their certification current by recertifying each time the certification lapses.
Salcido Law Firm Fights for You
If you submitted to a Breath Test email us and we will get back to you within 1 hour or call us at 801.413.1753 to talk to one of our attorneys who will fight the state on your behalf.