Breathalyzer tests are a cornerstone of DWI enforcement in New York. However, understanding the science behind these devices and their potential for error is crucial, especially if you’re facing a DWI charge. This blog post delves into the science of breathalyzers and explores potential challenges and defense strategies in New York.
How Breathalyzers Work:
Breathalyzer machines estimate Blood Alcohol Content (BAC) by measuring the amount of alcohol present in a breath sample. They operate on the principle that alcohol is absorbed into the bloodstream and eliminated through the lungs. The breath sample is analyzed to estimate the BAC level.
Challenging the Accuracy of Breathalyzers:
While breathalyzers are widely used, their accuracy can be impacted by various factors:
- Medical Conditions: Certain medical conditions can elevate breath alcohol levels without actual intoxication (acid reflux, diabetes).
- Interfering Substances: Recently consumed food, mouthwash, or even cough syrup can interfere with the test results.
- Device Malfunction: Improper calibration or maintenance of the breathalyzer can lead to inaccurate readings.
- Improper Administration: The way the test is administered (breath volume, technique) can influence the results.
Defending a DWI Charge Based on Breathalyzer Issues:
A skilled DWI defense attorney in New York can explore various avenues to challenge the accuracy of the breathalyzer test:
- Medical History Review: Presenting a documented medical condition that could explain a high breath alcohol reading.
- Investigating Interfering Substances: Documenting recent consumption of food, medication, or mouthwash that might have impacted the test.
- Obtaining Maintenance Records: Requesting maintenance and calibration records of the breathalyzer used to identify potential malfunctions.
- Challenging Test Administration: Questioning the way the test was administered and identifying any irregularities.
Remember: Breathalyzers are not infallible. By understanding the science behind them and exploring potential challenges, you can strengthen your defense against a DWI charge in New York.
James Medows, ESQ. is a dedicated DWI defense lawyer in New York with a proven track record of challenging breathalyzer results. We offer free consultations to discuss your situation. Contact us today and let us fight for you.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney for personalized guidance.
