Can I Dispute a Roadside Breathalyzer’s Test Results in New York?



    cropped view of driver taking breathalyzer from policeman while sitting in car

    When law enforcement officers suspect a driver is operating a vehicle while under the influence, they can use a device known as a breathalyzer to test your blood alcohol concentration (BAC). However, it’s important to note that these tests are not infallible, meaning they can be subject to challenge during court proceedings. On the other hand, refusing to take a breathalyzer test can result in severe penalties, such as a fine and license suspension. If you have been charged with driving while under the influence (DUI) based on the results of a breathalyzer test, it’s in your best interest to connect with a seasoned Nassau County DUI Lawyer who can help you mount an effective defense to protect your rights. Please continue reading to learn how you can challenge a breathalyzer’s test results in New York. 

    What is a Breathalyzer Test?

    As briefly mentioned above, a breathalyzer is a device that law enforcement officers utilize to measure a person’s BAC by analyzing the alcohol content in their breath. In New York, it’s illegal for a person to operate a vehicle with a BAC of 0.08% or higher. Under New York State’s implied consent law, when you receive your driver’s license, by accepting the privilege to drive, you are giving your consent to take a roadside breathalyzer test if requested. If a law enforcement officer has a reasonable suspicion that you’re drunk driving, they can ask you to take the test. The driver will blow into the device. If their BAC is above the legal limit, the driver can be charged with DUI.

    How Can I Challenge Breathalyzer’s Test Results?

    Understandably, a DUI charge can be frightening as it may seem like the evidence mounted against you is substantial. However, there are various ways to challenge the results of a breathalyzer test in New York. However, you should enlist the help of an experienced Nassau County DUI lawyer who can help you evaluate the evidence against you and determine the possible defenses that can be raised.

    According to research, many models of roadside breathalyzer testing devices produce skewed or inaccurate results. As such, the police must test the effectiveness and functionality of the breathalyzer device systematically before calculating the device calibration. An improperly calibrated device may display a higher BAC level than its actual level. Additionally, officers must comply with the 20-minute observing period before administering the test. If they fail to observe you for a full twenty minutes, the breath test results may be excluded from evidence in court.

    As you can see, you can dispute a breathalyzer test results in various ways. If you’re facing DUI charges based on the results of a breathalyzer test, please don’t hesitate to contact Grunwald & Seman, P.C. Our legal team is prepared to help you explore available defenses and effectively represent your interests.

    Free Consultation - 24/7 Service

    Recent Blogs & Articles