In order for prosecutors in a New York DWI case to be able to successfully convict someone who was charged with drinking and driving, they must be able to prove that the breathalyzer test results were accurate. In many cases, however, breathalyzer tests are far from on the money. There are many different things that can affect the results of a breathalyzer test. Ultimately, this could cause a person to become arrested without due cause. Here’s what you can do if you are charged with a DWI because of a failed breathalyzer.
1. Increased Mouth Alcohol
A breathalyzer test is designed to measure the amount of alcohol in a person’s lungs. However, it will often read the amount of alcohol in the mouth instead. The amount of alcohol in a person’s mouth can be significantly higher than their true blood alcohol level. This leads to an incorrect reading. Things that can affect the level of mouth alcohol include a test tested right after drinking (even just a single drink). Other factors include after using mouthwash, or if a person has certain medical conditions like diabetes.
2. Environmental Factors
Factors in the environment can also affect the accuracy of a breathalyzer test. For example, if there are chemical or paint fumes near where you are tested, the breathalyzer may pick up on it. This could cause your result to be higher than it would be if you were taking the test in a neutral area.
3. Absorption Time
People absorb alcohol into their blood stream at different rates, usually between thirty minutes to two hours. This is a wide window of time. Additionally, during this period, the level of alcohol is not distributed evenly throughout the body. A breathalyzer test may read higher or lower than what would be appropriate for how much the individual had to drink if the alcohol is concentrated in certain parts of the body and not others.
4. Failure to Calibrate
Police officers are required to regularly calibrate breathalyzer equipment in accordance with manufacturer directions. If the officer in charge of the equipment does not do this, it may cause the machine to inaccurately read BAC during a DWI stop.
Contact Brooklyn DWI Lawyer Mark Cossuto Today
Attorney Mark Cossuto can evaluate the evidence in your case to determine if there’s a chance your breath test results are inaccurate. It may be possible to omit your test results from court. This would make it more difficult for prosecutors to secure a guilty verdict. Contact Attorney Cossuto today for a consultation at (718) 852-8047 or toll free at (800) 609-4545.
