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Portable Breath Test
At this point you have failed the field sobriety test and the officer is looking for obtaining additional probable cause. If your are failing miserably on the field sobriety tests then you may wish to submit to the portable breath test for one reason only. So that you can find out your BAC level. The average person's liver can lower their BAC by .0015. However if you were not using good judgment and drank a great deal of alcohol right before you got into your car your BAC may still be rising. The potable breath machine maybe used by a competent phoenix dui attorney to explain to the judge that you were under the .015 legal limit that would increase your penalties. Determining your personal strategy is best based upon when you consumed alcohol. If the majority of the alcohol was consumed earlier in the evening and the portable breath test reads .10 or lower, there is a very good chance by delaying the chemical test you will be able to get your BAC below the legal limit. However try to read the machine without asking the officer directly for your BAC number. If you ask the officer for the reading this will be mentioned at trial and your phoenix dui attorney will not be able to suppress your prior statements. |
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