breathayzer

Every case is different, but if you have been drinking, the answer is no. In order to convict you of D.U.I., the Prosecutor must prove one of two things: 1. You blew over a .08; OR 2. You were under the influence to the extent your normal faculties were impaired. Proving #2 is much harder than proving #1 because #2 is based on the opinions of the Police Officer and the Jury. We all know that opinions differ and are very subjective. However, if you blow over a .08, it’s almost a sure thing that you will be convicted. Thus, only if you have not been drinking, should you blow into the Breathalyzer machine.