Selected To Super Lawyers: 2009 - 2012, 2014 - 2016
ATTORNEY: If you are pulled over for an operating under the influence case and you are arrested, you're going to be asked to take a breath test. In all likelihood, you should not take that test. My business card on the back says, do not take the breath test. Refuse the breath test.
The reason being is this. The machine is not reliable. It oftentimes tests stomach air when you're blowing into the machine, which can be up to 20 or 30 times more powerful for alcohol or more concentrated for alcohol. There are medical conditions that can cause you to fail a test.
There's any number of reasons why somebody might not be a candidate for the test. Some people have problems with gastritis or regurgitation or burping. Those things can dramatically increase the breath test. My advice to virtually every person pulled over and asked to take a breath test is to refuse the test.