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Breath Tests and Breathalyzers - Your Rights Explained By Barclay Law, LLC

Know your rights. Contact Alabama breathalyzer lawyer John Michael Barclay 

Breath tests for DUI in Alabama and breathalyzers can be notoriously inaccurate.  Many different factors can affect test results for blood alcohol concentration (BAC). That's why Birmingham, AL DUI Attorney John Michael Barclay routinely advises people to refuse to take a breath test if a police officer stops you for DUI in Alabama. DUI charges can change your life. Make sure you take your situation seriously, right from the moment when a police officer stops you.

Drivers stopped for suspicion of driving under the influence of alcohol will often be asked to take one of three BAC tests in Alabama: breath test, blood test and/or urine test. Some of the factors that can influence the results of a breath test include:

  • Breathalyzer settings
  • Improper handling of evidence
  • Diabetes
  • Exposure to chemicals
  • Diet (high protein, low carbohydrate diets sometimes affect test results)
  • Holding your breath before taking breath test often results in higher false readings
  • Burping within 20 minutes often produces "false high" BAC readings

Rate of breathing often affects test results. Faster breathing or hyperventilating before tests sometimes produces lower test readings. Even what part of the breath the breath test reads can dramatically affect the results of a breath test. The last part of someone's exhaled breath often produces a much higher - and inaccurate - reading than the first part of someone's exhaled breath, according to recent medical studies.

"Can I refuse to take a breathalyzer test if I'm stopped for DUI in Alabama?"

We hear this question all the time at Barclay Law, LLC. Due to so many inaccuracies with DUI breath tests, you should carefully consider the legal implications before refusing or taking a breath test in Alabama. You have the right to legally refuse to take a breath test. However, if you refuse to do so, your license could be suspended for a minimum of 90 days and you could be arrested due to Alabama's implied consent law, even if you are completely sober. That's why it's important you contact Barclay Law, LLC as soon as possible to discuss your legal options. Get the professional legal help you need now. Call 866-584-1023 or fill out our online inquiry form and schedule a free consultation.

"What if I took a DUI breath test and I exceeded Alabama's legal limit?"

If you did take a breath test and your test result exceeded the legal BAC limit of .08 percent, don't panic. You have options. An experienced attorney knows how to attack such test results and help defend your DUI. When you contact our office and make an appointment, we can explain during our meeting all the different legal options available to you, enabling you to make an informed decision with respect to defending your DUI.

Remember, you must take legal action within 10 days of your arrest to keep your driver's license. Otherwise, your driver's license could be suspended.

Take your DUI charge seriously. Contact us. We can help. Your case matters here

"Never give up hope, even if your case seems indefensible," attorney Barclay often says.

We know because our office works hard on every case, and we have the track record to prove it. Case results matter here. But don't just take our word for it. Read the testimonials from some of our satisfied clients throughout Alabama. In case after case, we help people get their lives back on track.

Everyone makes mistakes. And everyone deserves a second chance. Get that second chance. Contact Barclay Law, LLC. We fight for people's rights every day. Barclay Law, LLC proudly serves clients in Birmingham, AL, Tuscaloosa, AL, Auburn, AL, Mobile, AL, Shelby County, AL, the Gulf Shores and throughout the state of Alabama, including the municipalities of Adamsville, Bessemer, Docena, Dolomite, Fairfield, Fultondale, Graysville, Homewood, Hoover, Mountain Brook, Mount Olive, New Castle, Pleasant Grove, Prattville, Shannon, Vestavia, Watson and Wetumpka.

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