Any Buffalo area police officer who conducts a breath test on a driver suspected of drinking and driving is required to have completed a course regarding the operation of that machine, passed a test, and been issued a permit to perform the breath test by New York State.
If the police officer who performed the test does not have a valid permit, the prosecution may not be able to introduce evidence of the breath test results at trial.
A police officer who has completed the breath test training course and passed the subsequent test is issued a permit by New York State that is valid for the next two years.
As part of the testing, the police officer is required to demonstrate proficiency in the use of each type of breath test machine which he or she is seeking a permit to operate.
To have the breath test operator permit renewed after this two year period, within 120 days prior to the expiration of the permit the police officer is required to complete a retraining course, pass a test, and again demonstrate proficiency in the use of each machine he or she is seeking a permit to operate.
As an alternative to undertaking the course and retesting, however, the police officer instead may be able to submit proof to the training agency that he or she had performed at least six breath tests on subjects within the two year period.
Even if the training agency waives retraining based on the police officer having conducted at least six breath tests, the police officer is still required to complete the retraining course – including a demonstration of proficiency in the use of all breath test machines the officer seeks a permit to operate – at least once every four years.
The breath test is usually the most damaging piece of evidence in a DWI case, and it is important to have a lawyer who understands the laws surrounding it.
Call us at 585-484-7432 if you need an experienced DWI lawyer.