An experienced Rochester DWI lawyer will closely examine the breath or blood test results when defending against an alcohol-related driving offense.
New York laws forbid driving with a blood alcohol content of .08% (or .18%, for the enhanced charge of Aggravated Driving While Intoxicated per se), which requires evidence that the driver’s blood alcohol content was above the legal limit at the time he or she was driving.
Of course, it is impossible for law enforcement to actually conduct the test immediately after the defendant is stopped, and there is always some delay between the time the defendant was driving and the time of the test.
In some cases, a breath or blood taken some time after the defendant stopped driving may not be sufficient to prove that his or her blood alcohol content was above the legal limit when driving.
This is because a driver who has consumed alcohol may still be absorbing that alcohol into the bloodstream at the time he or she was stopped.
As a result, his or her blood alcohol content may actually be higher at the time of the test than when he or she was driving.
Because the prosecution is required to prove beyond a reasonable doubt that the defendant’s alcohol level was above the legal limit at the same time he or she was driving – not later when the test was taken – this may be significant in cases where the breath or blood test score is only slightly above the legal limit.
There are many issues regarding the breath test that an experienced DWI lawyer will examine when preparing a defense.
If have been arrested for DWI and need legal help, call us at 585-484-7432.