New York Breath Test
If you were recently pulled over on suspicion of DWI (driving while intoxicated) in New York, you were probably asked to take a breath test by the law enforcement agent who pulled you over. These tests are important to prosecutors, as they use them to convict a driver of “per se” intoxication.
In New York, it is illegal to drive with a blood alcohol content (BAC) of .08 percent or above, whether it impaired ability to drive safely or not.
You may have heard breath testing machines referred to as “Breathalyzer.” However, Breathalyzer was the name brand of a certain machine that used to be commonly utilized. There are many types of breath testing machines that are used by police departments across the country. These tests are used to measure a driver’s BAC by measuring a sample of breath rather than a sample of blood.
The bad thing about breath testing machines is that they are not always accurate. Many experts believe that the techniques used for breath testing, and the way in which they are administered, are inherently unreliable.
There are many instances in which false readings can occur. Mouth washes, breath sprays, cough syrup, etc. may produce false readings. There are chemicals that are present in the driver’s body that may resemble ethyl alcohol and influence the results of the test.
The driver’s body temperature can even affect the results of a breath test. The machines assume that the driver blowing into the device has a certain body temperature. The problem is that people’s body temperature varies several degrees throughout the day. Fevers also cause the body’s temperature to get higher.
It is also important that the machines are well-maintained and calibrated. Police officers must be well-trained in how to operate a breath machine. Unfortunately, this is not always the case. Officers may ignore certain protocols, which can produce inaccurate results.
An attorney who is experienced with DWI laws in New York will be familiar with the problems with breath test machines, and may even be able to have the results thrown out.
If you would like to receive a consultation with an attorney in your area, please submit your case online today.
