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Breathalyzers and Driving During the Fourth of July Weekend

Posted on in DUI Defense

dui, fourth of july, chicago dui lawyerLike many holidays, the Fourth of July weekend means numerous parties and get-togethers, and that usually translates to an increased number of intoxicated drivers on the roadways. State police are on high alert during the festive holiday, paying special attention to those who may be operating a vehicle under the influence.

What Is a Breathalyzer?

Drunk driving and breathalyzers go hand in hand. A breathalyzer is a special device used by police to estimate someone's blood alcohol content (BAC) via a breath sample. When drivers suspected to be operating under the influence are pulled over, they are subject to a BAC test, which is heavily relied upon in the during criminal prosecution as supporting evidence for the crime.

There are some important aspects and uses of breathalyzers that you may not be aware of:

They often prevent repeat offenses. Breathalyzers use a highly effective fuel-cell technology to read the concentration of alcohol in a person’s breath, making them ideal devices for detecting drunk drivers in general. But they also help prevent repeat drunk driving offenses when installed in offenders’ cars by lowering recidivism rates. This makes them a reliable tool and standard for both monitoring and prosecuting drunk driving behavior.

Refusing to submit to a breathalyzer test may protect you. According to Illinois law, the moment you operate a vehicle on the roadways, you automatically give your consent to submit to a BAC test, should you be pulled over under suspicion of driving under the influence. However, under certain circumstances, you may be within your rights to refuse the test. By refusing to submit to the test, you can potentially reduce the amount of evidence authorities may exercise against you in the court of law. While refusing the test will mean a suspension of driving privileges, it may also give you a slight advantage in your case.

They are effective. Breathalyzers have the capability to detect and produce reliable, quantifiable results. If the device finds you to have a BAC of .08% or higher, you are considered to be operating under the influence, and a BAC of .05 to .079% will deem you impaired. Their accuracy is determined by the strict standards set by the National Highway Traffic Safety Administration, and they are very difficult to trick or manipulate.

Contact Our Chicago DUI Defense Lawyers

If you plan to be out during the Fourth of July weekend and know you will be enjoying a few drinks, be proactive and plan ahead to make sure you have safe transportation home. If you do drive and get pulled over for suspicion of DUI, it is very important to speak with a professional Chicago DUI defense attorney to ensure your rights are protected. Call the Luisi Legal Group today at 773-276-5541 for a free initial consultation.

Sources: 

http://www.isp.state.il.us/traffic/drnkdriving.cfm

http://www.nytimes.com/2009/08/31/opinion/31cook.html

Illinois State Bar Association American Bar Association Hispanic Lawyer Association of Illinois Super Lawyers
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