When a Rochester driver suspected of being intoxicated is asked to take the breath test, there are rules regarding who is permitted to operate the breath test machine.

Before being allowed to conduct the breath test, a police officer must complete training pursuant to the regulations of the New York State Department of Health and be issued a permit confirming that the police officer successfully completed training and passed all tests.

The Department of Health requires a police officer seeking a permit to perform the breath test to complete at least 24 hours of training with a certified breath test technical supervisor.

This training time must include the following:

(1) three hours of instruction on the effects of alcohol on the human body;
(2) five hours of instruction on the operational principles of breath test techniques and methods, including a functional description and a detailed operational description of the breath test instrument(s) with a demonstration;
(3) five hours of instruction on the legal aspects of chemical tests;
(4) three hours of instruction on supplemental information, including terminology common in the field of chemical tests for alcohol;
(5) six hours of laboratory participation using approved breath test instruments and simulators.

After completing this training, the officer seeking a permit to operate the breath test machine must take a one hour written examination and display proficiency in the use of each type of breath test machine that he or she is seeking to be permitted to use.

As part of the requirement that the prosecution demonstrate that the breath test was performed properly, evidence that the officer successfully completed this program and has been issued a permit will usually be presented at trial.

If you have been arrested for DWI and need legal help, call us at 585-484-7432 for a legal consultation.