When a driver in New York is arrested for Driving While Intoxicated (DWI), police will ask the driver if he or she will submit to a chemical test, usually in the form of a breath test via a breathalyzer machine. A breathalyzer is a scientific instrument that tests the driver’s Blood Alcohol Content (BAC) to determine if a driver is intoxicated or impaired after consuming alcohol. This is the so-called "breath test."
During the breath test, the driver will blow into the machine for several seconds and the machine will analyze the driver’s breath and submit a result to the police. A BAC result of .08 or higher will result in a criminal charge of DWI. A BAC of .18 or higher will result in a criminal charge of Aggravated DWI. The reliability and accuracy of a breath test result depends on the regularly scheduled calibration, maintenance, and testing of the breathalyzer machine.
New York Courts have consistently held that in order for a breath test result from a breathalyzer to be admissible at a DWI trial, the machine must have been appropriately calibrated within the six months leading up to the arrest. It is the prosecutor's burden to prove that the breathalyzer was in proper working order at the time of the breath test. The prosecutor must prove this beyond a reasonable doubt.
It is a defense attorney's job to develop and apply strategies to attack or otherwise call into question the accuracy of a driver's breath test result. If a breathalyzer wasn't appropriately calibrated then the breath test result could be suppressed by a court which could force the prosecution to reduce the crime charged to something less serious. In some instances, the prosecutor could even be forced to outright dismiss the case. If there are other problems documented with the testing records of a breathalyzer then an experienced defense attorney can make use of these problems to convince a jury that reasonable doubt exists and the defendant should be found not guilty.
If you or someone you know is charged with DWI, it is important to find the right attorney who has the experience required to investigate the calibration, maintenance, and testing history of the breathalyzer machine used in the case. The Law Office of Patrick Fischer can do this. As a former prosecutor, Patrick Fischer has prosecuted hundreds of DWI cases. As a current, DWI defense attorney, Patrick Fischer defends driver's charged with DWI on a daily basis. Call or email the Law Office of Patrick Fischer today for a free consultation. Phone (845) 418-6894. Email: patrickfischerlaw@gmail.com.
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