New York DWI Breathalyzer Test

In New York, operating a motor vehicle with a blood alcohol content (BAC) of .08% is illegal. Drivers who test over this legal limit may be arrested and charged with driving while intoxicated. To determine your BAC, you may be asked to take a breathalyzer test. If you were recently charged with drunk-driving after failing the New York breathalyzer test, you should consider hiring an experienced DWI lawyer to help fight the serious charges against you.

In order to administer the New York breathalyzer test, the police officer will ask you to blow into a plastic tube attached to the breath-testing unit until asked to stop. The breathalyzer then analyzes the alcohol in your breath to determine your BAC. Depending on the breath-testing machine, the results will either print out or show up on the screen.

While testing over the legal limit on a breathalyzer may be damaging to your case, an attorney who is experienced with breathalyzer tests can investigate to determine if your results were accurate. Was the machine properly maintained and calibrated? Was the officer properly trained on how to administer a breath test? If the answer to these questions is “no,” your attorney may challenge the results of your breathalyzer test.

Other factors can lead to an inaccurate reading. Certain medical conditions, such as acid reflux, can push the alcohol gas into your esophagus, thus inflating the test results. Gum, cough syrup, and mints that contain alcohol may also produce a higher test result.

You may wonder if hiring a DWI attorney to challenge your breathalyzer test results is worth the expense. But because the penalties for a New York DWI may include incarceration, mandatory fines, and a lengthy driver’s license suspension, having experienced legal counsel is in your best interest. DWI attorneys are familiar with the weaknesses and problems with New York breathalyzer tests and can use this knowledge to your advantage.

Are you ready to begin fighting your drunk-driving charges? If so, you have come to the right place. We have hand selected the top defense attorneys in your area to answer any questions you may have regarding your New York breathalyzer test results. Please fill out our online form, and an attorney will contact you promptly.