Getting pulled over can be stressful, especially when you’re asked to take a breathalyzer test on the spot. Many people in Johnson County aren’t sure how accurate those roadside tests really are or what their rights are when it comes to taking one. That small handheld device used by law enforcement can spark big concerns about fairness, legality, and what to expect next.
Understanding how field breathalyzer tests work and the factors that can impact their reliability can take away some of that confusion. It’s helpful to know what officials are looking for, how these tests operate, and whether the results they give can be trusted. That knowledge becomes even more important when your driving privileges or record may be on the line.
Understanding Field Breathalyzer Tests
Field breathalyzers are portable devices officers use during traffic stops when they suspect drunk driving. They are actually called PBT’s by officers and the court, which stands for “Preliminary Breath Test”. These units estimate blood alcohol content, or BAC, by analyzing a person’s breath. The person blows into a mouthpiece, and within seconds, the device provides a reading. Police use that number to decide whether to make an arrest or to continue their investigation.
In Johnson County, these roadside tests are commonly used during DUI stops, especially during late-night hours or at checkpoint setups. They’re considered a quick way for law enforcement to gather information without needing to bring someone to a station for formal testing. But just because they’re widely used doesn’t always mean they’re accurate or flawless.
A field test isn’t the same as a certified breath test done at a police station or detention center. The ones used roadside are more basic and can be affected by a range of things, including how they’re maintained or who used them last. While many officers are trained in using them, they’re still machines, and no device is perfect. That’s where the margin of error can create real problems for drivers. In fact, they are so inaccurate that they are not admissible in Kansas for most purposes but law enforcement can and does rely on them for determining whether to arrest someone.
Factors That Affect Breathalyzer Accuracy
A number of outside and internal influences can throw off a breathalyzer’s reading. Even though these tools are meant to detect alcohol levels, there are other things that might confuse the system or lead to results that aren’t as reliable as people assume.
Here are some of the most common reasons breathalyzer results can be inaccurate:
– Medical conditions: Certain health issues like acid reflux, diabetes, or even a high-protein diet might produce substances that get mistaken for alcohol
– Environmental effects: Fumes from gasoline, paint, or certain cleaning supplies can impact readings if the person was recently exposed
– Improper calibration: Breathalyzers need regular maintenance. If the device isn’t calibrated correctly or hasn’t been checked in a while, its reading may not be trustworthy
– Admin errors: Not all officers use the equipment the right way every time. If the mouthpiece wasn’t changed or the process wasn’t followed properly, it could introduce errors
– Mouth alcohol: Residual alcohol in the mouth from things like mouthwash or breath spray can boost the number the device picks up, even if no alcohol was consumed
One common example involves someone who used mouthwash right before driving. Even without having consumed any alcohol, the breathalyzer may register a high BAC level due to leftover alcohol in the mouth. That reading could potentially lead to a wrongful arrest or complicated legal troubles moving forward.
Breathalyzers are not foolproof. Understanding what can interfere with a reading is part of being informed, especially if you’re ever questioned about the result you received. Knowing these influences helps form a clearer picture of what might have gone wrong and what steps to take next.
Your Legal Rights During a Breathalyzer Test
If an officer asks you to take a breathalyzer test, what you do next matters. In Kansas, you do have rights. Knowing those rights can help you make informed choices during a DUI stop. That said, there are also built-in consequences to how you exercise those rights.
Kansas has driver’s license consequences for not taking the “evidential breath test” at the station or jail. Those tests are done on a machine called an Intoxilyzer 9000. Many people are confused when asked to take a roadside breath test before an arrest has even been made. This test is known as a Preliminary Breath Test (PBT), and it’s different from the official one taken at a station.
Here’s what you should know:
– You’re allowed to refuse the roadside breath test (PBT), but that decision can still lead to further investigation or arrest
– Once arrested, refusal to take the main chemical test at the station (not the roadside test) comes with serious administrative penalties such as license suspension
– You have the right to ask for legal counsel after taking the official chemical test at the station.
Some drivers don’t know there’s a difference between the two tests, and they may agree to take the PBT thinking it’s their only option, or refuse the Intoxilyzer 9000 test at the station because they think they have already taken a breath test. Understanding that distinction ahead of time gives you better control during a stop. Keep in mind, what you say and how you act during a DUI stop can influence what happens next. Being aware of your options and staying calm goes a long way.
Challenges to Breathalyzer Results in Court
When you face a DUI arrest based in part or wholly on a PBT test, that number generated by the device during the stop doesn’t automatically tell the whole story. Breathalyzers can seem like solid proof, but a skilled attorney knows how to dig deeper and challenge the results in court.
There are multiple ways an affordable DUI attorney might question PBT breathalyzer evidence. The focus is usually on how the device was used, maintained, and whether it met proper standards at the time of testing. Here are a few angles that may come up:
– If the officer didn’t follow the required procedure step-by-step
– If the breathalyzer hadn’t been recently calibrated or certified
– If other substances could have affected the reading, like mouth alcohol or nearby fumes
– If the officer did not obtain constitutional consent to the search by way of breath test
– If the test wasn’t taken within the correct timeline after the traffic stop
Let’s say someone in Overland Park was stopped late at night and took the roadside test after using strong mouthwash at dinner. That result alone could be misleading. An attorney might question how soon the test was taken after the mouthwash use, whether the proper observation period was followed, and whether follow-up tests confirmed the result.
The goal is to place doubt on how accurate or fair the test was. Judges and prosecutors do look at more than just the BAC number. They consider how that number was reached and whether it can be trusted.
Why Seek an Experienced DUI Attorney in Johnson County
Johnson County has clear rules about driving under the influence, and DUI cases can move fast. Getting legal support at the start gives you a better chance to address the breathalyzer result and how it plays into your case. It’s not just about whether alcohol was detected. It’s about how the evidence was gathered and what that means for your side of the story.
An experienced DUI attorney familiar with local procedures in cities like Olathe, Lenexa, Shawnee, and Prairie Village can look at more than just the paperwork. They’ll know if a police department tends to use specific models of breathalyzers, whether there have been issues with calibration in the past, or even whether a certain officer has a pattern of not following proper steps.
Without guidance, it’s hard to know what to say, what to review, and what to push back on. That’s why having someone by your side makes a real difference when your license, job, or record could be on the line.
Protect Your Rights with the Right Legal Support
Field breath tests can leave people feeling trapped in a moment they didn’t fully understand. These roadside exams may seem short and straightforward, but their results often leave a long trail behind. Knowing how they work, what can affect them, and how to approach them legally gives you space to breathe, ask questions, and push back when it matters.
If you live in Johnson County and ever find yourself in this position, don’t let the machine do all the talking. Every test, every number, and every step in the process has a story, and it’s worth making sure your side is told fairly and fully.
Facing a DUI charge in Johnson County can be intimidating, but you don’t have to tackle it alone. Understanding your rights and the nuances of breathalyzer evidence can make a significant difference in your defense. To give yourself the best chance, consider working with an experienced DUI attorney who understands the courts and legal procedures throughout Johnson County. Jay Norton is here to help you protect your rights and build a strong defense that fits your situation.