All Rochester area police departments currently use breath test machines that provide a printout of the defendant’s breath test score.
This breath test score may be used to support a charge of Driving With A Blood Alcohol Content of .08% or Greater or Aggravated Driving While Intoxicated per se, which requires a breath test score of at least .18%.
Exactly what information appears on the printout aside from the actual breath test score varies with the type of breath test machine used.
Usually, however, these printouts contain additional information regarding the circumstances surrounding the breath test.
Typical information set forth on the breath test machine printout includes the time and date of the test, information identifying by lot number and manufacturer the simulator solution being used to check the accuracy of the machine, the results of simulator solution tests conducted in conjunction with the defendant’s breath test, when the 20 minute observation period of the defendant began, identifying information regarding the police department and the model of breath test machine used, and the name of the police officer operating the breath test machine.
Many breath test machine printouts will also contain a certification at the bottom to be signed by a member of law enforcement.
This certification may be important when the court is determining whether to suspend a driver’s license pending prosecution – which typically occurs at the driver’s first court appearance.
The prosecution must submit the breath test result in a form that is admissible as evidence before the driver’s license may be suspended.
Because the officer is certifying that the contents of the printout accurately reflect the actual breath test and its result, the court may admit the printout as evidence, which is usually sufficient to suspend the driver’s license.
If you have been arrested for drinking and driving and have any questions regarding the breath test, please feel free to contact us at 585-484-7432.