How Breathalyzers Effect New York DWI Defense
Breathalyzers effect all states DUI and DWI cases.
The problem is that sometimes they can be inaccurate, especially because they are actually a breath collecting devices which the officers will adjust for accuracy.
That means they can be falsely positive. While considered rare, it happens. There are other downfalls of how DWI cases are based. Breathalyzers are just one potential mistake.
The officer could make a mistake.
You could not have been driving the car.
An actual BAC (blood alcohol content) test could prove you were not over the limit upon further study.
A sobriety test could have been incorrectly performed.
What is a breathalyzer?
The breathalyzer is a device used by officers in New York state and other states for testing drivers BAC levels. Say for example you drink 5 beers and get behind the wheel, drive, and start swerving in the lane or run a red light. At this point, the officer has probable cause to pull you over. The breathalyzer is a device used with punishment for denial; if you refuse to use it, you likely face charges.
The breathalyzer works like this. It has three sections -- one for collecting your breath, one part chemical system sensitive to alcohol, and the final part a scientific test for testing photo cells. All that really matters there is how the BAC is come to. You blow out, the breathalyzer collects your breath, and then it's up to the officer to test your alcohol levels.
Are they wrong?
Yes, they can be wrong. They are correct the majority of the time, but just as not every scientific test in school usually goes through several phases for accuracy, the breathalyzer is often used in conjunction with other forms. If there is no other guideline for your arrest, you have a chance at DWI defense. The officer can in many cases get a false positive.
What matters in New York?
In New York, drinking and driving is called DWI (driving while intoxicated). Breathalyzers are very common across the country, and in New York. If you are pulled over here, you need professional counsel on how to handle the situation.
How do you defend in court?
If you are charged with a New York DWI, you need an experienced attorney to fight your case. Yes, it is possible to defend yourself, but rarely worth taking the chance. New York law means you face a fine, license suspension, and potential jail time just for your first charge. If you get further charges, you might face felony charges.
To defend in court, a professional lawyer will make his or her point on things like the validity of the breathalyzer, how others tests were used, and how the officer acted.
Juries and sometimes even judges can put aside breathalyzer tests, but usually only when the tests are close. If you are clearly far over the legal limit, few judges and juries will believe your case completely.
On the other hand, how the officer acted in your arrest isn't to be overlooked. An experienced New York DWI attorney can fight your case if the officer had no probable cause to pull you over, if they never read you your rights, and even the validity of any sobriety tests.