Kansas Breathalyzer Test Defense Attorney
About the Breathalyzer Test
The FST (Field Sobriety Test) is generally followed by a breath test using a PBT (Portable Breath Test) device. An officer will have the driver blow a breath into the straw-like mouthpiece to get a read on the driver's level of intoxication. This device is supposed to analyze the air coming from your lungs as to alcohol content and translate that into the
BAC (Blood Alcohol Concentration). PBT readings are not completely reliable as it can react to mouth alcohol from burping or other circumstances. If you have been arrested it is crucial that you consult a Kansas
DUI attorney as soon as possible to help you protect your rights.
Breathalyzer Test Defense Lawyer in Kansas
It is a violation of the law to drive with a BAC of 0.08 or higher in Kansas as studies have determined that a person is legally drunk if the BAC is at 0.08. If the PBT shows the BAC is 0.08 or higher the officer will make an arrest. The driver will be given another test using an Intoxilyzer 5000, an Intoxilyzer 8000 or in some cases a
blood or urine test. The blood test is considered the most reliable form of chemical testing.
The Intoxilyzer is a non-portable device for analyzing the air from a person's lungs for BAC and is considered a more reliable test. An officer is supposed to follow the Kansas Department of Health and Environment (KDHE) manual which states the "suspect" is not to take in ANYTHING for 20 minutes prior to an Intoxilyzer test. The driver simply blows into the device as instructed and the Intoxilyzer does an analysis of the alcohol content of the breath. If the driver doesn't blow hard enough, that will be registered as a refusal to take the test. Since there can be a number of factors which can skew the test results, it is important to have a skilled breathalyzer test defense lawyer handling your defense.
A driver who has allegedly failed an Intoxilyzer test faces the possibility of having an expensive fine, jail time, having a criminal record and other unpleasant consequences. Act quickly in calling Martin & Wallentine for a consultation with a reliable DUI lawyer and an aggressive defense.
Contact a Kansas breathalyzer test defense attorney
at the firm to discuss the circumstances of your breathalyzer test and the options which are available to you. We practice extensively and have represented hundreds of clients throughout Johnson County and cities including Olathe, Gardner, Lenexa, Overland Park, Shawnee, Leawood and Kansas City.