We’ve all seen the roadblocks, especially during festive periods or late at night.
A Federal Road Safety Corps (FRSC) officer approaches with a small device and asks you to blow into it. This is a breathalyzer, a crucial tool used to test drivers for alcohol impairment. Driving under the influence of alcohol is a serious offence, and testing is a key measure to the safety of all road users by preventing accidents caused by impaired judgment, slowed reflexes, and reduced coordination. In Nigeria, this practice is firmly grounded in law. The FRSC is legally mandated to administer breathalyzer tests to drivers.
The law establishes a clear Blood Alcohol Content (BAC) limit of 0.5 grams per litre (g/l). If you are found driving with a BAC level exceeding this 0.5g/l limit, you are breaking the law. The penalty is severe: a fine of up to ₦5,000, a jail term of up to two years, or both. Because a positive test can lead to a criminal record and imprisonment, it is vital for every driver to understand the device being used and the legal standards it must meet. Knowledge of these procedures is your first line of defence.
The Officer Must Be Certified
The first thing you should know is that not every officer is qualified to conduct a breathalyzer test. The international best practice requires that the officer administering the test must have undergone and passed a Breath Alcohol Technician (BAT) training course. It is a legal requirement in some countries.
If an uncertified officer conducts the test, the results obtained are highly vulnerable to challenge and may not be admissible as evidence in a court of law. There are standard procedures for conducting a breathalyzer test and only a trained/certified officer can conduct an acceptable breath test. As a driver, you should request to know if the officer trying to conduct the test is trained.
The Device Must Be Properly Calibrated
A breathalyzer is a precision instrument that must be accurately calibrated to give a correct reading. Calibration is the process of checking and adjusting the device’s sensors against a known alcohol standard to ensure its accuracy. In Nigeria, breathalyzers used for enforcement should be calibrated at least annually. The calibration date is always printed on the result slip you receive after the test, arefully check it after the test to ensure that the device used has been calibrated in the last 2months. Crucially, any result from an uncalibrated device cannot be defended in court.
The Gold Standard: Air Blank Technology
Modern, reliable breathalyzers used by law enforcement must be equipped with “air blank” technology. Before you are tested, the device automatically analyses the ambient air in its sampling chamber to ensure it reads 0.00 alcohol. This verifies that there is no residual alcohol from a previous test that could contaminate your reading and falsely elevate your result. A breathalyzer without this essential technology is considered unreliable, and its results can easily be challenged in court.
The Correct Measurement Unit
The FRSC Act prescribes that the legal BAC limit is measured in grams per litre (g/l). Therefore, the breathalyzer device must be set to display its results in this specific unit. If the device uses any other measurement, such as milligrams per litre (mg/l) or per cent, the result is invalid under Nigerian law and should be challenged.
Why Fuel Cell Breathalyzers Are Best
For enforcement, the most accurate and reliable technology is the fuel cell breathalyzer. Unlike older semiconductor models, which can be triggered by non-alcoholic substances, fuel cell sensors are specifically designed to react with ethanol (the alcohol in drinks). They are highly accurate, less prone to false positives, and are the international standard for evidential testing.
Conclusion
while it is every driver’s duty to obey the law and never drink and drive, it is equally important to know your rights. If you are subjected to a breathalyzer test, remember these key points: a certified operator, a calibrated device, air blank technology, and the correct g/l unit. If any of these critical standards are missing, it becomes exceedingly difficult for the prosecution to prove a case against you, even if the device shows a reading above the legal limit. Stay safe, stay sober, and stay informed.
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