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How Can I Dispute a Breathalyzer Test Result?

If you were arrested for a DUI based on the results of a breathalyzer test, you may be able to dispute the evidence. While breathalyzers are helpful for arresting officers, they are not foolproof and have been known to malfunction and show unreliable results. Work with a New City DWI defense attorney to determine how to best defend your side.

What is a Breathalyzer?

If you have ever seen someone get pulled over for drunk driving whether in person or on television, you probably saw them blow into a small device with a tube. A breathalyzer is a device that uses diagnostics to measure blood alcohol content in the user. It works by assessing how much alcohol is in the air that the person breathes out.

Breathalyzers are often used during traffic stops or at the scene of an accident. If a police officer has a reasonable suspicion that a driver may be operating their vehicle while intoxicated they can administer a breathalyzer test.

Can I Dispute the Results of a Breathalyzer?

Several conditions must be met for the results of a breathalyzer test to be considered valid and accurate. If any of the following conditions are not met the breathalyzer results may be deemed inadmissible and unreliable.

  1. The officer who administered the test was not certified. If the officer was not properly trained to use the device, the results could have been tampered with and therefore not be considered valid in court.
  2. The device was not certified. Like the officer administering the breath test, the device has to be certified as well. It should be inspected monthly and issued a certificate of proof that the device is working properly. If the police department cannot prove that the breathalyzer was certified it can greatly benefit your argument.
  3. The device was not calibrated. To have a fully functional device with effective readings the breathalyzer, like any electronic device, needs to be calibrated regularly. You can examine records to determine when the last time a calibration was performed on the device.
  4. The test was contaminated. Breathalyzer results can be corrupted by various contaminants. Many things can affect the outcome of a breathalyzer test including mouthwash, inhalers, vomit, cough drops, and more.
  5. The test was administered during an illegal traffic stop. You can only be pulled over if the officer has a valid reason or reasonable suspicion to do so. If they did not have a valid reason then the traffic stop may have been unlawful and any test result discovered during the unlawful stop can be considered inadmissible.

Should I Hire a Lawyer for My DUI Case?

If you are being charged with a DUI in New York you should always hire a trusted lawyer to represent you. The legal process can be overwhelming and confusing, so having a knowledgeable and experienced attorney on your side can be a significant advantage.

They will be able to gather all of the relevant information and evidence needed for your defense as well as evaluate the details of your case to determine how best to represent you. Speak with a skilled attorney today for assistance during your case.

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