If you are facing criminal charges for driving while intoxicated (DWI), it is crucial that you fully understand your legal rights and options. Depending on the details of your situation, you may be able to challenge the results of a breathalyzer with the help of an experienced New City DWI defense attorney. To learn more and secure skilled legal advice, contact the Law Office of Kevin T. Conway today.
What’s a Breathalyzer?
A breathalyzer is a device that measures an individual’s blood alcohol concentration (BAC). This is a measurement of the percentage of alcohol that is in a person’s bloodstream and is a fairly accurate assessment of a person’s intoxication. In New York and across the country, the legal alcohol limit is 0.08. It is illegal to operate a motor vehicle if you have a BAC over this percentage.
By driving a car on public roads, you are giving your implied consent to submit to blood and chemical testing for intoxication. If you are pulled over by a police officer who suspects that you are under the influence of alcohol, you must agree to the breath test. If you refuse, you are in violation of the state’s implied consent laws and can incur significant penalties, including a license suspension and fines.
Can I Challenge the Results of a Breathalyzer in NY?
If you are facing DWI charges in New York, the case against you may be based on the results of a breathalyzer test. If this is the case, it is important that you understand your legal rights and options.
Although breathalyzers are often good indicators of intoxication, they are not foolproof, and the results can be skewed by external factors or a malfunction. If you believe that there is an issue with the results of your breath test, you may be able to challenge the results with the help of your attorney.
How Can I Challenge My Breathalyzer Results?
Understanding your defensive options during a DWI case is crucial in protecting your legal rights and winning your case. With the help of a skilled legal professional, you can implement one or more of the following arguments to challenge the results of your breathalyzer.
- Faulty device: The breathalyzer must be calibrated and have maintenance done regularly to ensure proper functioning. By requesting the calibration logs and maintenance records, you could prove that the device was faulty.
- User error: There is also a chance that user error on the officer’s part contributed to false results. Officers must wait a 15-minute observation period before administering the test, and be properly trained and certified to administer it.
- Environment interference: Situational factors could skew the results, like mouthwash, burps, throw up, medical conditions, chemicals, and more.
- Chain of custody issues: If the evidence was mishandled or stored improperly, it could result in the results being inadmissible.
- Illegal stop or arrest: If the officer conducted an unlawful traffic stop or arrest that was not based on probable cause, any evidence collected (including the breathalyzer) can be deemed inadmissible in court.
If you have questions about how to challenge the results of your breathalyzer, do not hesitate to contact an experienced criminal defense attorney today.
