Law Office of Kenneth E. Crocken

The Arrest.

The arrest has to be justified by probable cause that individual was driving under the influence or while intoxicated. Probable cause is developed through various avenues, observation of the driver, smell of alcohol, field sobriety tests, and a preliminary breathalyzer. You are under no obligation to perform the field sobriety tests or to take a preliminary breathalyzer.

Once a driver is taken into custody and a request for a formal breathalyzer test is made, the driver must take the test or refuse. The driver is subject to certain administrative penalities if the formal breathalyzer is refused, including automatic suspension of the license to drive, and/or requiring the use of an ingnition interlock, commonly referred to as the "blow-and-go."

Breathalyzer Test.

The breathalyzer test results are usually the strongest evidence in a DUI/DWI case. You must request that the state formally introduce the evidence or it will be taken as fact on essentially affidavit without the benefit or any crossexamination or scrutiny. The Breathalyzer is a machine and has faults, especially if the manufacturer's maintenace requirements are not followed. The Breathalyzer results can be attacked from many avenues, to the formal requirments of the Advice of Rights, strict timing and observational requirements, to the actual machine..