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.