LAWYER: 8 Things You DON'T Know About Breathalyzers

The laws surrounding breathalyzers are surprisingly complicated. There are 2 types of breath tests. Laws vary by state. Sometimes you can refuse, sometimes you can't. So here is what you need to know today to defend yourself.

Free Guides:

00:00 Are Breathalyzer Tests A Scam??
01:36 What Evidence Is There Breath Tests Can Be A Scam?
04:00 What Happens If You Refuse A Breath Test?
06:14 2 Types Of Breath Tests
08:27 Why Are Breath Tests So Unreliable?
10:57 Breath Test Legal Defenses!
17:25 Training By The State Is Critical To Establish Reliability!
19.25 What If The Breath Result Was Twice The Legal Limit?
19:45 Symptoms Of Extreme Intoxication

[toddmcclellan]

Ok, so New Jersey threw out 18, 000 dwi's. Still, that's 18, 000 lives inconveniented, made to pay bail, higher insurance, possibly lost employment...where is their justice?

[lindafoxwood]

I went to court for a DWI is Texas in 1987 for 0.28 . The officer testified he could not tell I was drunk and that I said the Alphabet backwards 3 times in a row because he did not believe it was possible! The judge dismissed the case against me, I was not drunk at all - machine lied.

[petevenuti]

I got pulled over sober, taken in, failed the breathalyzer, my lawyer showed it was still connected to the calibration sample and had that evidence dismissed. I was still convicted because the officer said I looked drunk..
Guilt or innocence don't matter, they just do what they want without care, and its detrimentally affected my whole life...

[BCal]

I am a toxicologist. Several years ago in Brooklyn I stepped out of a bar after having 2 beers over an hour time period. A cop was waiting for me to get to my car. He stopped me and asked me to blow into a portable. I blew and he told me that I was above 0.1 (the limit at that time in NY). I knew that it was impossible so I told him that I am a toxicologist and demanded a blood alcohol. He let me go.

[stephenb]

I am a lifetime laboratorian.
The operator is the most important part of the test system.
Calibrations and controls are essential to an accurate result.
Remember the Laboratorian’s Creed—
“Assume It’s wrong. Prove It’s Right.”

[jrcc]

A video should be researched and made pointing out how a majority of traffic stops are nothing more than "policing for proffit".

[fredziffel]

In 91, I refused a roadside portable breathalyzer because I watched the cop use a "hand sanitizer" before inserting the tube into the machine without gloves.
NO WAY was I going to blow through an alcohol coated straw into a machine designed to read alcohol level in the air coming through that straw !😂😅
I still to this day believe that act WAS DELIBERATE.

[jsl]

My dad was a criminal defense attorney and always said to never take a breathalyzer test. In CA you have the option of what kind of test to take, and always demand a blood test.

[Barkebain]

I saw a court case video from a southern state. The arresting cop stated that the breathalyzer at the PD worked perfectly, and that every time he used it on suspects, it came back with either .12 or .13. It turned out he had used it almost 100 times over the past five years, and it had read either .12 or .13 every single time. The lawyer called the chief, and found that they called for service 5 years prior because they thought their machine was not working correctly because it often showed that drivers were not over the limit. A technician came in and "adjusted" it to always show the desired result - even when nothing but fresh air was used. It was a jury trial, and they convicted based on the cop's "experience and expertise", and the judge refused to give a directed verdict. We no longer have a criminal justice system - we have a convict everyone system.

[donjackson]

New Years Eve 1997, I was pulled over for going through a red light in NY. Roads were coated in ice due to snow fall earlier. Officer asked me if I knew why he pulled me over. I said yes sir, I consciously drove through the light as it was turning red because I felt it was unsafe to stop given the road conditions. He said he wanted to give me a breath test. I said, ok, I am NOT refusing your test. However, I run an electronics warehouse a mile down the road. I can take you there right now and show eight of those machines that are defective. He never told me what I blew and said drive home safely.

[jeffstone]

The problem is there’s a lot of money in drunk driving. Police departments can get big grant money for DUI’s. Police chiefs send their guys out to get DUI’s. They offer all kinds of incentives. It’s the perfect scam, who’s going to stick up for the drunk driver!

[integraGSR]

I just don't play their games anymore, period... I got medically retired from the military and on top of the litany of knee, ankle, back, and other ortho damage, I have a TBI and suffer from a circadian rhythm disorder- I'm up at all hours of the night, and sometimes I just want to go for a drive and clear my head. Why do I bring this up? Because of the amount of times I've been pulled over between 0130 and ~0400 on some bogus "crossed a line" or "didn't signal 100 feet before" claim, immediately followed by "how many drinks have you had" and "sir, I'm going to need you to do some tests for me"... Which is pretty funny, since I **DON'T DRINK**.

It's gotten to the point that I just roll my eyes, point at my dashcam, and inform them "nope, I didn't, mypp dashcam can prove it, and I'm retired and bored enough to make a day out of hobbling into court to prove it". If that's not enough to stiffle their BS fishing expedition (it seems to be about 50/50), I send a pre-programmed SOS text that goes to a text thread with a few relatives and close friends alerting them that I need help and to contact my lawyer, and I've got a laminated piece of paper in my visor that I hand over that says:
"1) Both my driving and this stop are being video recorded
2) I don't consent to any searches or siezures.
3) As you know doubt saw from the DV plate, I am disabled veteran with [redacted list of diagnosed injuries requiring these surgeries], I have a TBI and nerve damage, and I have to walk with a cane. As I am NOT REQUIRED to submit to any FST's, I do not consent to them and will not be participating.
4) I am willing to submit to a preliminary breath test in order to assuage any doubt as to my sobriety and speed up this violation of my rights, *IF* the device and a qualified operator are already located on scene and it can be administered in a timely manner.
5) As allowed by law, I *will* refuse a formal breath test at the station and demand a blood gas chromatograph at a hospital.
6) If the decision is made for arrest, I am hereby notifying you that because of underlying medical and psychological conditions, I require medical care and am requesting an ambulance.
7) I am hereby invoking my right to remain silent, and will answer no further questions. I will not resist, and will comply with commands under duress, as I must assume that I am not free to do otherwise.
8) My lawyer's name is [redacted] and he can be reached at [redacted]; I am requesting his presence, and any questions should be directed to him."

Is my approach obnoxious, paranoid, and wholely unnecessary? Ten years ago, I'd have told you YES, without so much as a second thought... But after the ammount of times i've been pulled over, accused, and hassled, despite not doing anything wrong? NOPE, it's 100% necessary. The police here seem to drive around under the assumption that EVERYONE on the road is drunk or somehow guilty, and they have ZERO problems trying to fabricate something- they see my ratty old truck, and they just can't help themselves... After the 2nd time I wound up having to take an Uber home from the police station and paying to get my truck out of impound despite the fact that I was released with no charges, I had to come up with something... Do I still get randomly pulled over? Yeah, I'd sat at *LEAST* once a month... But ever since I decided to play hardball and sat down with a lawyer I met through an advocacy group and started handing over a piece of paper and shutting my mouth? It's never made it any farther than sitting there for another 15 minutes while they discuss with their supervisor... They can stare at me like I'm being an a-hole all they want, IDGAF. 🤷‍♂️

[alkmyst]

As a degree holding scientist, using a tool to determine how much alcohol is in your blood by using your expiration to figure it out is a flawed test at best. These are used mainly to monetize the DUI stops.

[allmivoyses]

As a now disabled/retired Cop in Florida I watch your channel for the learning opportunity. I also recommend your channel to other officers I know so they can learn as well and better them selves. My daughter, just out of the police academy and starting her fto, has started watching also. Thanks for your channel.

[JonHeckendorf]

Excellent advice and information. I learned a few new things, too. That said, I'm noticing more and more videos about people who blow under the legal limit and even blow 0.00 and still get arrested. A few of these cases even go to trial ending with convictions. In a lot of cases, the police use lies, retaliation, or without probable cause to arrest.

[akulkis]

The fact that the manufacturers REFUSE to let both the general public and defense teams inspect these devices is an automatic injection of reasonable doubt into any attempted prosecution.

[ledenhimeganidleshitz]

My brother doesn't drink, I do! He got taken in for a DWI. They had a video camera in the booking area. He talked them into giving him his fany pack, telling them he had his driving license there. They got it for him after a quick search. He gave them the license. He also kept three tennis balls there. He was a juggling fool since we were younkers! He commenced putting on a 15-minute juggling/comedy show. They charged him. He called his doctor, who said he knows he does not drink and anyone with the BAC they charged him with would be near comatose, not juggling and making jokes. The cops were hardly phased, but the sheriff was PO'd that the booking took so long. COPS LIE! The judge tossed it!

[phlodel]

For several years, the Kern County, California Sheriffs Department used breathalyzers that weren't certified for use by the California DOJ. These breathalyzers had been modified to show higher blood alcohol levels.

[Neoprenesiren]

Requiring a biological sample of someone like blood or tissue is insane to me. "nor shall be compelled in any criminal case to be a witness against himself" you are literally being forced/compelled to stand as a witness against your own consciousness. The only possible way to justify a warrant for someone's blood is if their body is considered private property, but this could also mean you could issue a warrant for their brain, liver, heart, muscle, teeth, etc.

That is a disgusting violation of our human rights.

[tomeauburn]

I worked for a company and one of my supervisors was drunk on the job. He admitted he had a problem and we had a forgiveness program if you got treated. When he came back he had to be tested. I was with the nurse when he was tested. It showed a high level and he asked for a blood test. We ran the test gas that showed it was working properly. He said he had not had anything. So we tested both the nurse and me and it showed we were drunk. Machine had stopped working properly and I told him to go back to work.