What Happens If I Agree To Take A Chemical Test?
As previously stated, most police departments use breath testing equipment to test the amount of alcohol in a person's blood. The machines test the amount of alcohol a person has in his or her lungs, and make a mathematical computation to convert breath alcohol to blood alcohol. If you agree to take the test the police will have a certified breath test operator utilizing certified breathtesting equipment. The breath test consists of two phases, that is, two separate readings are taken at least 30 minutes apart. If your bloodalcohol content (BAC) level is . 1 0 or greater, the police have strong rebuttal evidence of your guilt of driving under the influence. At trial, the court is allowed to draw the inference that BAC at the time you were driving was the same as when the test was administered. If you agree to take the breath test, the police must advise you of your right to have an additional test taken at your own expense, and the police must give you reasonable opportunity to exercise this right. In addition, in both refusal cases and in drunk driving cases, the police must advise you immediately after your arrest of your right to be examined by a physician of your choosing at your expense.
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