May 13, 2009. If someone knows I am a criminal lawyer, invariably I’m asked. Most likely, its at a bar (ironic I know) or a restaurant — often with a beer in hand (even more so). “Hey, you’re a lawyer…. should I take the breathalyzer if I get pulled over?” My usual retort is just as brazen “Hey buddy, you get what you pay for…” Besides, I don’t usually have enough time to go over all the variables and contingencies that go into giving a proper answer. I want to finish my beer! The answer really does require a well thought out review of the facts of each case or circumstance, but there are certainly some guidelines the public should consider before they subject themselves to such a test. Besides, no matter what I or anyone else says, the likelihood of you remembering what I write here at 3:00 a.m. after you have been pulled over by the state police….is virtually Nil.
Consider that the breathalyzer is a machine, you plug it in, turn it on and let it warm up. Machines are fallible and also subject to human operator error. Breathalyzers machines are designed to
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