In Rochester, Does The Prosecution Have To Prove The Blood Test Machine Was Working Properly?

Rochester DWI arrests where the driver takes a blood test instead of a breath test can be much more difficult to defend.

The blood test is generally considered more accurate than the breath test.

This does not mean, however, that the prosecution is not required to prove that the machine used to test the defendant’s blood for alcohol content was working properly when the test was administered.

The state’s highest court, the New York State Court of Appeals, has ruled that blood test results are not admissible as evidence at trial unless scientific evidence is presented showing that the machine used to analyze the blood was accurate within .01 grams per 100 milliliters.

This is the standard of accuracy required in New York State for all tests of blood alcohol content, regardless of whether it is a breath test or a blood test.

The Court of Appeals further ruled that this scientific evidence must come from a person who is an expert on the internal working on the machine.

It also found that a laboratory technician, even though granted a permit by New York State, does not qualify as an expert on the internal workings of the machine.

As a result, a laboratory technician’s testimony does not satisfy the requirement that the prosecution establish that the machine used to test the blood was capable of doing so accurately.Instead, this scientific evidence must come from someone who understands the internal workings of the machine that was used.

When the prosecution seeks to have a blood test result admitted at trial, an experienced DWI lawyer will carefully examine the background of anyone testifying regarding the accuracy of the blood test to determine if they are qualified to provide such testimony.

If they are not, the blood test may not be admitted as evidence.

The results of a breath or blood test are a critical piece of evidence in any DWI case.

If you need the lawyer to defend you following a DWI arrest, call us at 585-484-7432.

Recent Posts

What Happens After a Thanksgiving Weekend DWI in New York?

After a Thanksgiving weekend DWI arrest in Rochester, New York, you may receive criminal charges, [...]

Can You Get a DWI After a Halloween Party in New York?

Yes. You can be charged with DWI after leaving a Halloween party in New York [...]

Labor Day Weekend DWI Arrests in Rochester and Across New York: What Drivers Should Expect in 2026

New York drivers should expect increased impaired-driving enforcement around Labor Day weekend. For 2026, the [...]

Memorial Day to Labor Day DWI Arrests in Rochester: What Drivers Should Expect

Memorial Day through Labor Day is one of the busiest periods for DWI enforcement in [...]

Memorial Day Weekend DWI Arrests in New York: What Happens After a Holiday Traffic Stop

 Memorial Day weekend in New York is a time when roads are busier, alcohol consumption [...]

DWI Arrests Spike After the Holidays: What You Need to Know in New York

The holiday season is synonymous with gatherings, festivities, and an uptick in alcohol consumption. While [...]

Thanksgiving DWI Arrests: What Rochester Drivers Need to Know

Thanksgiving marks one of the busiest and most festive times of the year. It’s a [...]

What Happens If You Get a DWI on Halloween in New York?

Halloween is often seen as a night of celebration, full of costumes, parties, and plenty [...]

Leave a Reply