When you are suspected of driving under the influence (DUI) in New York, an officer may ask you to submit to a breathalyzer test. While this chemical test is frequently used, they are not infallible, and its results can be challenged. If you suspect a breathalyzer test result used in your DUI charge was inaccurate or the device was defective, it’s in your best interest to connect with a seasoned Garden City, NY DWI/DUI Attorney who can help safeguard your interests.
How Does a Breathalyzer Work?
If you have been stopped by the police and they have reason to believe that you are intoxicated, they will likely ask you to take a breathalyzer test. This is a device that is used to calculate the concentration of alcohol in the breath to determine whether a person has consumed too much alcohol to operate a motor vehicle safely.
The officer will instruct you to blow into a small tube on a device. The device uses a chemical reaction between the ethanol in your breath and a catalyst to generate an electrical current. The strength of the current then provides a BAC reading. The calculation is usually based on a known ratio of alcohol in the breath to the alcohol in the blood (typically 2,100 to 1).
In New York, the legal BAC limit for motorists 21 and older is 0.08%. For commercial motorists, the limit is stricter at 0.04%. The state also enforces a zero-tolerance policy for motorists under 21, meaning any detectable amount of alcohol can lead to a DUI charge.
How Do You Challenge a Breathalyzer Test in New York?
Breathalyzer tests are frequently used in suspected DUI cases in New York, but their results are not foolproof and can be contested in court. One key argument against breathalyzer results is improper device maintenance. Breathalyzers require consistent calibration for accuracy. An attorney can inspect the device used in your case to ascertain adherence to manufacturer guidelines and state regulations regarding calibration and upkeep. Documentation of irregularities or derelict maintenance can erode the evidentiary weight of the results.
Furthermore, device malfunctions or technical anomalies can compromise breathalyzer readings. The presence of residual alcohol from prior administrations within the testing chamber can yield artificially inflated readings. Consequently, rigorous cleaning proticila bweren est are necessary for obtaining accurate results.
Beyond the exigencies of the device accuracy, the procedural integrity of the test administration itself is also subject to challenge. An attorney can evaluate whether the administering officer possessed requisite training and strictly complied with established protocols, including the mandatory observation period preceding the test. Moreover, specific medical conditions such as gastroesophageal reflux disease and diabetes can contribute to inaccurate readings.
At KCS Law, we are prepared to help you highlight alternative explanations for your behavior. If you are facing drunk driving charges in New York, connect with our firm today for guidance and skilled representation.
