A valid question would be: Is a person risking their health if they take a breath test?
It starts when an individual comes within inches of an officer’s face. The lack of mask, gloves or safe physical distance can create concern. During a DUI investigation, people may be asked to put their mouth on something handled by the officer and have no idea who has previously used it. Transmissible viruses and bacteria can be spread through droplets and shared surfaces, and people have every right to be concerned about health risks during roadside testing.
Health Risks of Roadside Breath Testing
If a person is asked to blow into a roadside device they are given no assurances that they cannot be infected by the device itself. There is no standard for roadside devices and no standard for sanitization. A new breath straw is of little help; there is a sampling port that can’t be disinfected at roadside. Even with a slight inhalation- air could suck up contaminants from prior blows into the device.
An additional test may be requested at the police station. Procedure requires that a new mouthpiece be placed on that device but the same problem mentioned above is present. There is no procedure to disinfect the tube itself and a brief inhalation could expose the individual.
It is easy to anticipate people will ‘refuse’ to take the breath test when the officers were not socially distancing, have no mask or gloves, and have no proof the test is sanitary. But many are not refusing to take the test—they are refusing to put their life in danger!
Whether you take a test or decline, Edge Law Firm offers a complete team with a winning record to protect you. Call 918-582-6333 and experience the Edge difference.
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