The newer breath test machines that are used in the Rochester area have taken much of the discretion away from police officers when determining whether a driver is intoxicated.

On newer machines, the breath test operator’s primary role when conducting the test is to input information into the device, which performs many of its functions automatically.

This does not mean, however, that there are no department rules that law enforcement must follow in the operation of the breath test machine.

New York law relevant to Rochester area courts indicates that to have a breath test score admitted as evidence at trial, the prosecution must not only prove that the breath test operator was properly trained and the breath test instrument had been properly calibrated, but also that the test was conducted in accordance with the rules and regulations of the police agency conducting the breath test.

What exactly these rules and regulations consist of may vary from police agency to police agency.Aside from how the breath test itself will be conducted, however, these regulations often address issues such as conducting periodic tests to ensure the breath test machine remains accurate after being calibrated.

As a result, even though newer breath test machines are largely automated in their performance, there may still be issues that an experienced DWI attorney may explore related to whether the police agency has complied with its own rules and regulations regarding the handling of the breath test machine.

Anyone arrested for DWI who took the breath test needs the help of a DWI lawyer who understands the rules surrounding the breath test and how the breath test result may be challenged.

If you need legal help, please feel free to call us at 585-484-7432.