Alcohol & Drugs: DUI, DWI Breath Analyzer and other DUI tests

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MindsEye

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I have been curious about various issues regarding DUI (specifically in North Caroloina). So when a person is lawfully pulled over and the police officer suspects the driver is intoxicated, refusal to take the breath analyzer test can result in a one year license suspension and a DUI conviction. However, does the driver have the right to request an alternative chemical analysis (urine or blood) on the grounds that they question the validity of a breath analyzer? The portable units that police carry are not always accurate. Like many previous posting have stated, having one drink right before you get behind the wheel, can result in a person blowing in excesses of .20 if they are immediately stopped (which of course can not possibly be there blood alcohol level unless they weight less than 50 pounds or it was one hell of a drink). So can a person request an alternative chemical test? I know in Florida, upon submitting to a breath analyzer test, a person has the right to request a secondary alternative chemical test (urine or blood, not some field coordination test conducted by the officer at the scene). Can anyone point me to the laws that would govern this issue? People's metabolisms, lung efficiency, timing, and many other physiological and circumstantial factors come into play in order to translate the breath alcohol level to a true blood alcohol level. Would a professional opinion on the validity of a breath analyzer technology help a case solely based on what a breath analyzer reported (e.g. no swerving, no speeding, no slurred speech, etc)? I am currently finishing up my Ph.D. in molecular biology and definitely feel that a breath analyzer is not an accurate method to determine a person's blood alcohol level. Does this constitute a professional opinion that I could use in court if I ever was falsely convicted of a DUI? I could gargle with Jack Daniels before I leave the house, and I would blow over a 0.08 for at least half an hour afterwards, even though my true blood alcohol level would be almost zero. Of course I must say that I never drink and drive, but I have gotten behind the wheel after having a glass of wine or two at dinner, and often without thinking the last thing I do before getting up to go is finish up my drink; so alcohol is right on my breath. Thanks in advance for any help.
 
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