Pre-Arrest Breathalyzers & Post-Arrest Breathalyzers? Yes!

Several readers questioned the attorney who stated that breathalyzers were administered post arrest. Since we had never heard that, we were also curious. It seems that there are two types of breathalyzer devices that measure BAC. 

The first device is used in field sobriety tests which can be refused without any repercussions. One reason for this is that these tests are not always that accurate:

Alabama’s Implied Consent Laws: Refusing a Blood, Breath, or Urine Test

The second test described is indeed post arrest and is described here:

Alabama DUI Breath Test

Why did Mark McBryer refuse a breath test? You notice the attorney in the second article said to always refuse the field test? Did you know you had that option? Most people don't.

Therefore, we believe that Mr. McBryer called his attorney immediately after arriving at the marina. That certainly wasn't illegal, and it doesn't imply guilt...especially considering the egregious apparent guilt of the crash itself that Trey Wooten must shoulder. 

The best takeaway on this? Just don't drink and drive anything. Don't drink even one small beer. Then if some long term drunk hits you, you can truthfully say you haven't touched any alcohol.

We bet Mr. McBryer has learned his lesson now.