Our White Plains DWI defense lawyers at Proto, Sacs & Brown, LLP review every aspect of a DWI case to determine weaknesses in the prosecutor’s arguments to eliminate evidence against our clients, including inaccurate BAC readings.
His arguments included:
- The amount the client had to drink,
- The time that passed,
- The officer’s observations, and
- The BAC machine was not reliable.
After extensive negotiations, the local prosecutor’s office agreed, and the DWI charge was reduced to a speeding ticket.
How Do You Beat the Breath Test?
A breathalyzer measures the amount of alcohol in the bloodstream by analyzing the air exhaled from the lungs. When a motorist is asked to perform a breath test, they are offering a breath sample as evidence against them in a DWI prosecution.
Attacking the breath test is a multi-step process:
- Challenge technology and science.
- Challenge the police officer’s training. For example, the police officer may have made an error if they weren’t adequately trained and certified to administer the test, and their certification might have lapsed.
- Challenge the administering of the breath test. The police officer may not have properly administered the BAC test in general.
- Challenge whether the breathalyzer machine was in working order. For example, it may not have been properly maintained and/or calibrated.
Is a Breathalyzer Test Accurate?
Listed below are some common problems and arguments to challenge the accuracy of a breathalyzer test:
- Residual mouth alcohol
- Diet or metabolism of the motorist
- Motorist was not properly observed for burping, vomiting or hiccupping before the test
- Breath temperature
- Medical condition
- Acid reflux
- Electromagnetic interference from devices such as cellphone towers
- Police officer error
- Improperly maintained breathalyzer machine, including the .01% differential
If you were charged with DWI in Westchester or the surrounding counties, call Proto, Sachs & Brown, LLP for a free initial consultation. Our DWI lawyers are former prosecutors and have over 20 years of individual experience handling DWI cases.
Our DWI lawyers are also published authors in the areas of general criminal defense and DWI defense.
Proto, Sachs & Brown, LLP has offices in downtown White Plains and Peekskill, New York.
Contact us at (914) 840-5104 today for a free initial consultation.