You head out for a night of barhopping with friends. You plan to drink moderately so that you will be safe to drive home. You feel confident that you will not drive home drunk because of the secret weapon you carry on your person — the pocket breathalyzer.
These small devices connect right into your smartphone to give you a reading of your current blood alcohol content (BAC). If it is over .08%, you know that you are too intoxicated to drive.
Unfortunately, quite a few things. If your device has been bouncing around in your purse or jammed down in your pocket, it might need to be recalibrated before you use it. The same applies if you carried it inside your car where the temperature could affect its accuracy.
Also, you don’t have to blow .08% or over to be arrested for DUI. In fact, law enforcement can interpret many instances where a driver’s actions indicated probable cause for a DUI stop when those drivers were not intoxicated. Drowsiness, trying to read street signs in an unfamiliar area, the side effects from both prescription and over-the-counter (OTC) medications and other instances can all result in DUI charges.
When you have been drinking, there is only one sure way to prevent a DUI arrest — don’t get behind the wheel. But people make mistakes all the time. If you wind up arrested for driving while intoxicated, be smart. Admit to nothing and do not answer police questioning. Remain compliant and exercise your right to remain silent after asking to speak to a criminal defense attorney. That's the very best way to protect your interests.