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Can a Breathalyzer Ever Be Wrong?

Long Island DWI Lawyer

Only an Experienced DWI Lawyer Can Effectively Challenge Breathalyzer Results

Science is not infallible. We know science and machines fail all of the time, yet there is a general perception that somehow a breathalyzer test can never be wrong.  That is simply not so. Breathalyzer tests can yield incorrect results. Therefore, if you took the breathalyzer test and exceeded .08% blood alcohol concentration (BAC), you have the chance to contest the results by arguing that there was operator error when either operating the machine or failing to watch the person closely who was under arrest. You can also contest the accuracy of the readings by claiming that the breathalyzer test itself is inaccurate and cannot be believed.

Whether you focus on only one of these defenses or a combination of them, you need an experienced and determined Long Island DWI lawyer fighting for you. DWI Defense Attorney Richard Jaffe has represented thousands of clients facing DUI and DWI charges through Nassau County, Long Island and the surrounding areas of New York with tremendous results. Do not trust your future to anyone else.

Should I Take the Breathalyzer Test After Being Pulled Over For DWI?

A person arrested for DUI while driving on New York roads is deemed to have consented to take a breathalyzer or similar tests such as urine, saliva, or blood test to determine their BAC. In New York, as in most other states, this rule is widely known as the implied consent law. A person under arrest for DUI or DWI can refuse to take the breathalyzer, but it comes with a price. Refusing the breathalyzer after a DUI arrest carries with it a one-year license suspension for a first offense. That is a steep price to pay to avoid taking a breathalyzer test. Therefore, many people take the chance and roll the dice on take the breathalyzer test because they are afraid of the license loss.

Another reason people take the breathalyzer test is they think they can beat it or they believe some breathalyzer myths to be true. While rare, there are documented instances of an individual who was suffering from diabetes might pass the breathalyzer test despite all of the outward signs of being intoxicated such as an odor of alcohol emanating from their person, lack of coordination, or impaired speech. Diabetes aside, many people refuse to believe that the amount they drank will yield a result that exceeds the legal limit. One need not drink that much, or that quickly, to elevate their BAC to .08% or above. Many factors contribute to a person’s BAC including height, weight, gender, type of alcohol and the speed with which the drinks were consumed.

Can The Breathalyzer Results Be Challenged Effectively?

Yes, they can, but it requires hard work to determine the best course of action. The prosecution has an obligation to prove the reliability of the breathalyzer at a DUI trial. You and your DWI lawyer can contest the reliability of the results by showing that the police officer who administered the tests did not see a burp, which can happen irrespective of alcohol consumption, within 15 minutes of the test. A mouth full of gas from stomach contents will yield a higher result. Also, the operator must have a current certification, and the machine must be certified. Some DWI attorneys have some success calling expert witnesses to show that the source code of the machine could be faulty and may yields unreliable results.

Speak to a Long Island DWI Defense Attorney at 888-DUI-LAWYER Today 

A machine is only as good as its operator, and machines fail daily. A breathalyzer is no different. Remember, after you have been arrested for DWI you have the right to speak with an attorney. Call Long Island DWI Attorney Richard Jaffe at 888-DUI-Lawyer and find out how he can help reduces charges and get your life back on track. If you are unable to come to our office, we will gladly come to you. Don’t delay, call 888-DUI-Lawyer today or fill out our free no-obligation form.

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© 2017 888 DUI Lawyer, Richard S. Jaffe, ESQ., Partner, Law Office of Cohen & Jaffe, LLP. All rights reserved.
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