A Rochester driver stopped for DWI will almost always be asked to take a breath test to determine his or her blood alcohol level.
The results of this test may be used to support charges such as Driving With a Blood Alcohol Content of .08% or Greater or Aggravated Driving While Intoxicated per se, which requires a blood alcohol content of .18% or Greater.
While it would seem to make sense to have a suspected drunk driver undergo a breath test as soon as possible after being stopped, the arresting officer actually should not have the test administered immediately.
This is because the presence of residual alcohol or other foreign objects in the mouth has the potential to alter the breath test score.
As a result, a driver suspected of DWI generally is required to be observed by members of law enforcement for at least twenty minutes before a valid breath test may be conducted.
The purpose of this observation period is to make sure the driver does not place anything in his or her mouth or do anything that may result in alcohol entering his or her mouth, such as belching up or regurgitating alcohol from the stomach into the mouth.
If law enforcement cannot establish that a breath test score was not tainted due to alcohol in the mouth, an experienced DWI lawyer will use this fact as a basis for challenging the validity of the breath test results.
Successfully doing so may result in any charges of Driving With a Blood Alcohol Content of .08% or Greater or Aggravated Driving While Intoxicated per se being dismissed.
The breath test score is frequently the most damaging piece of evidence in a DWI case, and the manner in which the test was given should be carefully examined to determine if the results are valid.
If you need an experienced DWI lawyer to help you with your case, please call us at (585) 484-7432.