When a driver in the Rochester area is asked to submit to a breath test to determine his or her blood alcohol content, not every member of law enforcement is qualified to conduct the breath test.

Instead, New York State requires the police officer conducting the breath test to have completed a training program and pass a test before being allowed to administer the breath test.

To become a certified breath test operator in New York State, a member of law enforcement must complete a training course approved by the Department of Criminal Justice Services.

The program involves twenty-four hours of classroom training time regarding topics such as the effects of alcohol on the human body, operational procedures for breath test machines, New York Vehicle and Traffic Law that is relevant to DWI enforcement, and important case law (court decisions having the effect of law) regarding the breath test.

After completing the training course, the police officer also must pass a written test and a proficiency examination using the breath test machine.

If the officer passes the course, the Department of Criminal Justice Services will issue the officer a certification allowing him or her to conduct breath tests in DWI cases.

This certification is valid for two years, after which the officer must be recertified.

The recertification program consists of four hours of study followed by a written examination.

The Department of Criminal Justice Services offers an online version of the recertification program.

In order to have a breath test score admitted as evidence, the prosecution must be able to demonstrate that the officer who administered the test had a valid certification when it was administered.

If you took a breath test and were arrested for DWI, you need an experienced DWI lawyer who will examine all of the evidence surrounding the test. Call us at 585-484-7432.