Increasing vehicle ownership in the 1920s and the repeal of Prohibition in 1933 contributed to a sharp uptick in drunk driving incidents. So, in 1938, an Indiana University biochemist introduced the Drunk-O-Meter. When a subject blew into a balloon, the air changed colors according to the number of ethanol particles in the subject’s breath.

The modern Breathalyzer has essentially the same mechanism. When subjects blow into tubes, ethanol particles in the breath trip a fuel cell. The higher the ethanol content, the stronger the electrochemical reaction.

Think about how much telephones, televisions, and pretty much everything else have advanced since 1938. Yet the alcohol chemical test process is basically the same. If you want to see the Super Bowl, would you rather watch it on the latest TV from Best Buy or the box your great grandfather used in the 1930s? 

The bondsmen of Fizer Bonding Company (bail bonds Clarksville, TN)  want to do more than just get you out of jail. They want you to be able to better understand why you were arrested in the first place (bail bond near me). When you have a better understanding of your arrest it makes it easier to fight the case.

Are Breathalyzers Completely Accurate?

Obviously not. No device is 100 percent accurate all the time. But in the case of alcohol breath tests, the flaws are not just theoretical.

Breathalyzers measure breath alcohol level. Generally, the legal standard in Tennessee is blood alcohol content. For those of you keeping score at home, that means the Breathalyzer involves an extra step. It measures breath alcohol level and uses that figure to estimate blood alcohol content.

There are some specific flaws as well. Unabsorbed alcohol is a good example. Typically, alcohol travels from the mouth to the stomach to the liver to the bloodstream. That’s why many people do not feel impaired unless they have been drinking at least an hour. Therefore, if the subject has been drinking within the last hour, the undigested alcohol has not yet reached the blood. So, the Breathalyzer’s BAC estimate can be artificially high.

Calibration could be an issue as well. In Tennessee, the air temperature often changes quickly, especially at certains times of the year. If a Breathalyzer has not been calibrated to correspond with the current temperature, the BAC estimate could be off.

During DUI trials, many Montgomery County defense attorneys partner with chemists or chemistry students who can better explain all these technical variations to the jurors.

Should I Refuse a Breathalyzer Test ?

Like most other jurisdictions, Tennessee is an implied consent state. When people sign their drivers’ licenses, they agree to provide chemical samples upon law enforcement demand. However, police cannot force people to blow into tubes. So, technically you still have the right to refuse a breath test.

There is a vigorous debate as to whether refusal is a good idea or a bad idea. There are decent arguments on both sides.

Some people, including many attorneys, say that you should always take a breath test. If you fall into a hole, the first thing to do is stop digging. And, given the consequences listed below, people who refuse Breathalyzer tests are simply digging their holes deeper.

However, most attorneys may be inclined to advise people to refuse breath tests, unless they have not had a drop of alcohol. The conviction rate in test cases is significantly higher than the conviction rate in non-test cases. In other words, people who take breath tests are essentially giving the state the evidence necessary to convict them. Prosecutors do not need your help to convict you. They are perfectly capable of doing that on their own.

What Are Some Refusal Consequences?

Unlike neighboring Kentucky and Virginia, Tennessee does not have a refusal-to-submit law. So, Montgomery County drivers who refuse breath tests do not face additional criminal penalties. However, they do face administrative penalties, as follows:

Additionally, the breathalyzer test chart might also affect the length of revocation. The higher the BAC level, the stiffer the penalty.

That’s the bad news. The good news is that the revocation period only goes into effect if the state establishes probable cause for the request. Additionally, a limited drivers’ license might be available for the revocation period.

After the revocation period ends, the defendant’s drivers’ license does not automatically become active again. At a minimum, defendants must pay a reinstatement fee and provide proof of insurance. Additional steps might be required as well, such as retaking the driving test.

What is an Alcohol Blood Test ?

Blood tests are much more accurate than breath tests. Blood tests do not have any of the aforementioned breathalyzer flaws. As a result, in many jurisdictions, the blood test conviction rate is close to 100 percent.

Generally, officers take defendants to hospitals or clinics where a technician extracts a blood sample. Another technician then analyzes the sample. You probably know how this works. Most of us have had blood tests before.

Even though they are more accurate and the conviction rate is higher, officers rarely administer blood tests. In 2016’s Birchfield v. North Dakota , the Supreme Court ruled that officers must obtain search warrants before they extract blood samples. Officers rarely take that step, except during designated “no-refusal” periods.

Is There a Breathalyzer Test for Weed ?

Not at the moment, but it’s probably coming soon to a squad car near you. In September 2019, scientists from the University of Pittsburgh unveiled such a device. Instead of measuring ethanol particles, it measures the amount of delta-9-tetrahydrocannabinol (THC) in the subject’s breath. Other than that, it’s basically an alcohol Breathalyzer. The THC breath test may hit the streets sometime in 2020.

In terms of the effect on the brain, weed is a lot different from alcohol. As mentioned, alcohol intoxication builds slowly over time. But marijuana is different. For the most part, users are extremely intoxicated after just a few hits. Then, the effects quickly dissipate. As a result, the generally-accepted marijuana impairment level, which is five nanograms, is probably too low. But that’s the subject of another blog.

You can count on Fizer Bonding Company (bail bonds Clarksville TN) to get you out of jail following a DUI arrest. They have been providing bonding services for Montgomery and Robertson Counties for over 40 years. Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents . For more info about Fizer Bonding Company bail bonds, click here .

Fizer Bonding Company in Montgomery County Tennessee

(931) 449-9351

Fizer Bonding Company in Robertson County Tennessee

(615) 667-1109

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