Arizona DWI Attorney James Novak
Preliminary breath test also known as the field breath test, with a little device that is not calibrated, not maintained and cannot be used against you. Its more for applying pressure and getting you to open your mouth and admit things you didn't have to mention. Anything you say will be used at the trial. The breath test is usually 2 blows within a specific time frame.
If the test comes out as zero, but you are under the influence of something else like drugs, they will probably show up in the blood test.
Some attorneys suggest "If your'e over 21, you should never blow into the device" Operational defects that make the test positive, and get you convicted.
If you refuse a test in most states, you are automatically charged DUI. Also, the breathalyzers shown are the ones for field tests. In most places, this is not the test used for prosecution. If you fail the field breathalyzer, they take you to the station for the actual test, done on a different machine that is required by law to be periodically calibrated.
What about your constititional right not to incriminate yourself. Here in Texas they use force to take a blood test if you refuse the breath test.
Obviously, anything that's manufactured will have defects in them, but when those defects have the potential to strip away someone's freedoms these products should be given stricter attention.
Ha, in calif you are screwed for refusing the test. Get a lawyer is a joke. they don't do shit for you even after you give them $4k they promise all good stuff. lying bastards. you get a DUI in CA that will cost you about $5k to 10K multiple offenders are really screwed.. 10yrs before you can get a reg lic, 5yrs no lic and it gets worse.....dont do it not worth it.
James E. Novak - Law Offices
Arizona DUI & Criminal Defense Attorney4500 South Lakeshore Dr.
Tempe, AZ 85282
480.413.1499
