As experienced Rochester DWI lawyers, there are several areas we explore to determine whether the breath test result obtained by law enforcement is accurate and reflects the amount of alcohol actually in a client’s system at the time of arrest.
The breath test machine is not a perfect device. While it generally is considered accurate enough to be used as evidence, the breath test result often can be challenged at trial.
In terms of the overall functioning of the machine, New York State requires that it be able to test a bottle of water mixed with a known amount of alcohol – commonly called a simulator solution – and determine the percentage of alcohol in the solution within plus or minus .01%.
Because the machines are not required to be any more accurate than this, it is difficult for the prosecution to pursue a charge of Driving With a Blood Alcohol Content of .08% or Greater in cases where the breath test score is exactly .08%, and such a charge often will be reduced to Driving While Ability Impaired by Alcohol.
Of course, the human lungs and mouth are not the same as a bottle of water mixed with alcohol.
The simulator solution test does not account for potential issues that may arise during testing, including the simple fact that each individual tested is going to process alcohol differently.
As a result, while it may be difficult to meaningfully challenge a breath test score that is substantially above the legal limit needed to support the charge, in cases where the score is close to the legal limit there are several issues that an experienced DWI lawyer will raise to challenge the result.
The breath test result is often the most damaging piece of evidence in a DWI case.
If you need the help of any attorney who will examine all of the evidence against you when defending your case, call us at 585-484-7432.