In every Rochester area drinking and driving case involving a breath test, a chemical mix known as a “simulator solution” will be used to make sure the breath test machine is working properly.

This solution is supposed to consist of distilled water mixed with a known amount of alcohol.

When a defendant in a DWI case takes a breath test, the breath test machine will also conduct a test of the simulator solution.

If the result of the test on the simulator solution is close to the known amount of alcohol in the solution, it supports that the breath test machine is working properly.

The New York State law regulating the content of the simulator solution is not extensive.

It merely states that “the result of an analysis of a suitable reference standard [the simulator solution] with an alcoholic content greater than .08% must agree with the reference standard value within the limits of plus or minus .01% weight per volume.”

This means that while the law does not require that the simulator solution contain a specific amount of alcohol, the alcohol content of the simulator solution must be at least .08%.

The logic behind this value is that .08% is the legal limit for blood alcohol content in New York State before a driver may be charged with the offense of Driving While Intoxicated per se, which is commonly known as Driving with a Blood Alcohol Content of .08% or Greater.

It also means that where the result of a given simulator solution test varies from the amount known to be in the simulator solution by a value of more than plus or minus .01 % weight per volume, the defendant’s breath test score may not be admissible because there is evidence that the machine may not be working properly.

If you have been arrested for DWI and taken a breath test, you need an experienced DWI lawyer. Call us at 585-484-7432.