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During the course of a DUI investigation here
in the state of Nevada, two different types
of breathalyzers are often administered.
One is a PBT, or preliminary breath test,
which takes place in the field.
It's a less sophisticated instrument,
and it's used by law enforcement to corroborate whether or not
they have probable cause to arrest you for a DUI.
The other is an evidentiary breath test,
which would likely be administered
at a police station.
With regard to the evidentiary breathalyzer,
the law requires that the breath test
be administered within two hours from the time of driving.
The law requires that before administering the breath test
that the officer observe the individual for 15 minutes
to make sure that they don't regurgitate or burp.
And the law requires that the device that's
being used to test your breath be properly maintained
and calibrated.
Additionally, law enforcement officers
that administer the breathalyzer test must be certified,
and they must take two separate reads from the breathalyzer.
If the difference between the two reads is more than 0.02,
the test is thrown out and cannot be used against you.
There are also some physiological defenses
that can be utilized if a breathalyzer was administered,
such as GERD or acid reflux.
Additionally, if someone had some recent dental work done,
you could have issues relating to mouth alcohol.
Also, if someone is on a high-protein, low-carb diet,
that could also adversely affect a breathalyzer reading.
These are all areas that we can challenge in order
to defend you on an allegation that you were driving
above the legal limit of 0.08 here in the state of Nevada.