Can a personal breathalyzer help you avoid a DWI?

Can a personal breathalyzer help you avoid a DWI?

If you sometimes take the car to the bar or drive to a friend’s house for food and drinks, you might consider getting a personal breath testing machine.

You can find them cheaply on the internet, yet relying on one may cost you much more than the initial purchase price.

Yes, they can help

If your machine tells you that you are already over the limit, and as a result, you decide not to drive home, then you could say the machine saved you a charge of driving while intoxicated (DWI) as well as a possible crash. Alcohol harms your driving ability, so anything that persuades you not to drive after drinking is positive. 

But they’re not 100% reliable

You cannot guarantee your machine is 100% accurate. So if you test yourself, and it shows you are still under the limit, you could still get a DWI if the police stop you. Here is why:

  • The police machine may read differently from yours:  Your machine puts you just under the limit. The police device put you just over it. The court will go with the police reading because theirs is the official machine.
  • They can still charge you without that evidence: If the police see you driving in a manner that convinces them you are drunk, they could charge you. Let’s say you are weaving across the road. Even if you pass their test, they could claim the alcohol clearly affected you enough to make you a danger to others. Otherwise, you would have been maintaining a straight line.

If your personal device showed you were fine to drive, and the police gave you a DWI, there may still be ways to fight the charge. Consider legal help to discover more. 

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