As recently as on 1st July 2012 abreathalyzer was made mandatory by the French Government and a grace period up to November 2012 was given for all vehicle drivers to keep in their vehicles the necessary equipment for anethylotest. This has been made compulsory due to the high rate of drink driving accidents that are taking place and a rule that already prevails in many countries around the world.
However, there are various practical problems involved in implementing the ethylotestwhich has made it difficult for law enforcement authorities. Being not a truly scientific method of testing the levels of alcohol in blood, it is possible to argue in court that an arrest is illegal and a clever fast talking lawyer can always get his client released. Many argue that the devices used for the breathalyzer test does not always conform and are varied to a great extent.
Most arguments are based on the instances of ethykitest obligatoire being taken right after an accident which lawyers says cannot give out a correct reading. It is their stand any person hauled out of a vehicle by the police would be confused, scared and worried which itself is enough for an erratic heart beat that would more often than not be sufficient to affect breathing patterns in some individuals. This has found to be true even in cases where no accident has taken place although the arrival of police on the scene has caused even the calmest of drivers to become flustered resulting in the ethylotest being regarded as being unfair.
In some countries it’s permitted to refuse the breathalyzer especially if the individual is aware that his blood alcohol level is above the allowed limit. This however might prove to be counter productive where such refusal can be regarded as an admission of guilt. But everything depends on the state laws and whether the ethylotest obligatoire or not. If it’s not, refusing to take the test cannot be used as evidence against that person in a court of law.
Wherever it has been decreed that anethylotest obligatoire such as in France,it’s in the best interest of its citizens to get used to facing the test or face the consequences of refusing to do so which will be considered a misdemeanor by the police from November 2012 onwards.Knowing the situation, its best to be ready with a breathalyzer kit that is properly calibrated to provide at least a near correct reading of the alcohol content in blood.
There are many companies that now make available to drivers ethylotest kits that can help them check their own blood alcohol levels before they get behind the wheel. Breathalyzers are said to be inexpensive and most drug stores and retailers stock them and buying them from a certified manufacturer might be necessary once the rule is legally implemented
While carrying out a ethylotest obligatoire is seen as a good piece of legislation to reduce accidents that take place due to drunk driving, how far it will be successful is yet to be seen when you consider the various loop holes that can be used by drivers and lawyers to avoid being charged in a court of law resulting in no one adhering to it in the end.