EDIT:

The law is complicated on this topic and it varies by region. I didn’t think this needed saying when I made the post, but this isnt an end all be all on the topic, it’s just something I found interesting & posted it to c/Today I Learned.

Don’t take legal advice from a Lemmy post. Talk to a lawyer.


The Purpose of Portable Breath Tests

Portable breath tests are commonly used by law enforcement officers to quickly estimate a person’s blood alcohol content (BAC) at the scene of a suspected DUI offense. These handheld devices are designed to provide immediate results, helping officers in their decision-making process during a traffic stop or investigation.

It is essential to understand that a portable breath test is different from the more accurate breathalyzer devices used at police stations or during formal chemical testing. While portable breath tests can provide an initial indication of a person’s intoxication level, they should not be considered as wholly accurate or infallible.

https://rhilllaw.com/blog/2021/03/can-a-portable-breath-test-be-used-in-court/

  • ZoteTheMighty@lemmy.zip
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    10 hours ago

    Refusing a test is always worst-case scenario. It’s immediately considered as if you failed the test. The distinction made here is that the handheld meters aren’t as accurate, and can’t be admitted into evidence in court, so you should never refuse one.

    • lemming741@lemmy.world
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      41 minutes ago

      Nope. They’ll say you tested positive for alcohol. The specific number won’t be used, only the detected presence.

    • Yggstyle@lemmy.world
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      9 hours ago

      If memory serves (depends, check for your area) if you are going to be tested - demand blood because it takes longer and is more accurate so it provides an opportunity to process a bit more alcohol and isnt a refusal.