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Can you buy your own breath test?

On Behalf of | Dec 30, 2022 | DUI charges

You do like to drink, but you certainly do not want to get a DUI. You know that the police will likely use a breath test if they pull you over, helping them to determine your blood alcohol concentration. If it’s over 0.08%, then you could be given charges.

But can you buy your own breath test and then simply measure your intoxication level yourself? For instance, would it be wise to put one of these tests in your car so that you can just check before you drive if there’s any concern about being over the legal limit?

It will not prevent a DUI

Doing this certainly can help in some ways. If you take a breath test and it says that you’re over the legal limit, and that stops you from driving, that’s a good thing that helps you avoid charges. It also keeps you safe.

But the thing to remember is that these are inadmissible in court case. They are simply not that accurate. If a police officer gives you a breath test that says you are over the limit, and you provide your own results showing that you were not, the court is going to throw your evidence out. Even police officers have specific makes and models that they have to use, so an aftermarket breath test is simply not reliable enough to be trustworthy.

Additionally, you need to be wary of the reliability even for yourself. A breath test could tell you that you are below the legal limit when it is simply wrong, deceiving you into thinking that you are driving legally when you are actually impaired. If you do end up getting arrested, then you need to look at all of your legal defense options.