Criminal Defense Attorney Patrick Apple talks about the breathalyzer, why it isn’t reliable, but why if you’re asked to take the test, you are going to need an attorney no matter what you decide to do, submit to the test or refuse. There are actually two types of breath tests in use, the first is performed on the road with an Alco-Sensor and is not admissible in court, the second is performed at the county jail or station and is what is referred to as the breathalyzer. The breathalyzer is formally the EC/IR II machine and it doesn’t measure alcohol but rather the byproduct of alcohol in your lungs, ketones. The assumption is that everyone interacting with the machine has the same metabolic rate, which we know is polite fiction, and yet it is admissible in court. Unfortunately, refusing to submit to the test means a warrant for blood can be obtained based on that refusal as well as an administrative suspension of driving privileges for 1 year. So, if you’ve been charged with a DWI or DUI because of a breathalyzer or refused to take the test and are now facing other consequences, call Dummit Fradin, let us help!