The Breathalyzer | DWI/DUI Attorney | Winston-Salem NC

Field Sobriety Testing

The results of a portable breath test are so unreliable that they aren’t allowed as evidence in a Driving While Impaired/Driving Under the Influence (DWI/DUI) trial except to establish that there was a positive reading on the instrument. The actual BAC registered is not admissible. The issue of whether or not you should submit to the portable test of your breath is never an easy answer. If you’ve only had a couple of drinks and you believe that you are below the legal limit, then you should submit to the test because there is a good chance the officer may let you go on your way. Of course, he may believe that you are still in the pre-absorption phase and take you downtown to wait for your BAC to increase. On the other hand, if you have consumed so much alcohol that you know there is no way you should have been driving, then maybe submitting to the test isn’t such a good idea. Just know that no matter what, you will eventually get tested if the officer believes that it is more likely than not, based upon his training and experience, that you were driving while impaired.