The Breathalyzer

If a driver has been arrested for driving while intoxicated (DWI) and taken to the police station for booking, the driver will be asked to submit to a breath test by blowing into a device commonly known as the breathalyzer.

If the driver is unwilling to take the breathalyzer, the driver will be deemed to have "refused" the test.

If there is a refusal, the driver will be noticed by the Department of Motor Vehicles (DMV) to appear for a Refusal Hearing before an Administrative Law Judge (ALJ).

If the ALJ finds that the driver refused to take the breathalyzer, the driver will encounter additional penalties from the DMV other than the potential penalties stemming from the arrest. DMV penalties include revocation of the driver's license, civil penalties, and other administrative fees.

DWI Penalties
Driver Responsiblity Assessment

Although, the term breathalyzer is commonly used to describe all breath testing machines, today, police agencies generally no longer use the the actual chemical testing device called the Breathalyzer, they use devices that employ infrared spectrometry such as the Alcotest 7100 MKIII or the BAC DataMaster.

If you have been arrested for drunk driving and are searching for an experienced DWI Attorney, look no further.

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