Lebedin Kofman LLP

Inaccurate Blood Alcohol Content in NY

If you have ever been pulled over on suspicion of driving while under the influence (DWI), or any other alcohol-related traffic offense, you have probably been asked to take a breath or blood test. The results of these tests determine your blood alcohol content, or BAC, which is the primary determination of whether you broke the law. However, there are many reasons why the test might not be accurate, which are important signs that a DUI case is weak.


Breathalyzers are scientifically valid tools for measuring a person’s BAC, but they can produce erroneous results if certain conditions are present. For example, a person’s BAC can be affected by how many drinks they consume, when they consumed those drinks, and how long it has been since they last consumed alcohol. In addition, some health conditions and medications can also impact the accuracy of a breath or blood test. These potential inaccuracies are critical signs that a DUI case is weak.

It is illegal to drive in New York with a BAC above 0.08%. However, people often find themselves charged with a DWI even though they had a legal BAC when they were driving. This is because the state’s zero tolerance law makes it a crime for anyone under 21 to drive with any measurable amount of alcohol. The discrepancy between actual BAC levels and the time of driving is another sign that a DUI case is weak.

The best way to fight a DWI charge is by challenging the evidence presented against you, which includes field sobriety tests and breath or blood test results. When a person is arrested on DWI charges, they usually face significant jail time, monetary fines, and participation in an alcohol treatment program. A successful challenge to the breath or blood test results could significantly reduce or eliminate these penalties, especially if there are signs that a DUI case is weak.

A blood test is typically the most reliable method for determining a person’s BAC. But the procedure is invasive, and it’s not always easy to get a warrant for a blood draw. That’s why police officers frequently use a portable breath test machine, or PBT, to assess a driver’s BAC during a traffic stop. PBT results are often admissible in court, but there are still a variety of factors that can affect the accuracy of the test. The potential for error in PBT results can be a significant sign that a DUI case is weak.

Challenging the PBT or blood test results in a DWI case requires expert testimony from a qualified toxicologist or other expert witness. These experts can analyze the testing procedures and identify any potential flaws or inaccuracies that might affect the validity of the test results. The presence of these flaws is often a key signs that a DUI case is weak, which can be pivotal in a defense strategy.

The State of New York has implied consent laws that require drivers to submit to a breath or blood test when an officer has reasonable grounds to believe the driver is driving under the influence. If a person refuses the breath or blood test, they can be charged with an aggravated DWI offense that is not tied to any specific BAC level. An out-of-state driver who refuses the test might be subject to a license suspension or revocation in the State of New York. However, an experienced DWI lawyer might be able to persuade the officer to drop the refusal charge. This scenario, too, underscores the signs that a DUI case is weak.


New York DWI Arrest Protocol Violations

In New York, it is illegal to drive while intoxicated (DWI). But, there are other offenses related to driving under the influence of alcohol and drugs. Regardless of which offense you are charged with, it is important to hire a NY DWI attorney right away. One key aspect of their role is to identify signs that a DUI case is weak, which could be crucial for your defense.

In addition to the possible jail time, fines, and license suspension, a conviction for DUI may also include community service, alcohol education classes, drug screening, and an ignition interlock device. A NY DWI lawyer can review the details of your case and develop a strategy to fight the charges. They will look for any signs that a DUI case is weak, such as procedural errors or inaccurate test results.

Generally, the police will pull you over when they suspect you are driving under the influence of alcohol or drugs. During the stop, they will observe your appearance and behavior for indications of intoxication. They will also ask to see your driver’s license, registration, and insurance. They may also request a breath or urine test. A breath or urine test measures your blood alcohol concentration (BAC). A BAC of 0.08% or above is considered to be intoxicated. However, there are many reasons why a person’s BAC might be higher than that, and an experienced New York DWI attorney can challenge the results of any breath or urine test. Such challenges are often based on signs that a DUI case is weak.

A person who has been charged with a DUI will be arraigned at a court date. The arraignment is to read the formal charges and give the defendant/driver the opportunity to enter a plea. Often, the arraignment is scheduled for within 24 hours of the arrest. During this process, any signs that a DUI case is weak can be crucial for the defense strategy.

Once the arraignment is over, the prosecutors will have a chance to review the evidence and determine if they have enough to prosecute the driver. During this stage, the prosecutors will consider if there are any mitigating or aggravating factors to the case. The defense attorney will also scrutinize the evidence for signs that a DUI case is weak, such as inconsistencies or lack of concrete proof.

Regardless of the fact that New York has an implied consent law, which means you gave your consent to take a chemical test when you got your driver’s license if you refuse a test when lawfully arrested for a DWI in NY, your license will be automatically revoked. It can be reinstated after a period of one year, but you will have to pay mandatory fees before getting a new license. This refusal can sometimes be interpreted as one of the signs that a DUI case is weak.

If a person is charged with DWAI, which stands for Driving While Ability Impaired by Alcohol or DWAI-Drugs, prosecutors will normally charge them with both a DWI and a DWAI-drugs offense. To convict someone of a DWI or DWAI-drugs charge, the prosecutors must prove that the person ingested a drug listed in New York State Public Health Law 3306, that the drug impaired the person’s ability to operate a motor vehicle, and that the person was intoxicated. This is a much lower burden than that of a DWI or DUI offense, and a good NYC DWI attorney will know this difference and how to use it in your defense.

New York has strict penalties for repeat offenders. This includes a minimum of 10 days in jail or 60 days of community service, depending on the circumstances of the crime.


Inaccurate Breathalyzer Results in DUI Cases NY

Inaccurate Breathalyzer Results in DUI Cases NY Can Be Challenged
Breathalyzers are widely viewed as a nearly foolproof piece of evidence to use against drunk driving defendants. After all, if you are found over the legal limit based on a breath test result, you can be subjected to severe penalties. But breathalyzers are not as accurate as they’re made out to be, and it is easy for people to be wrongly convicted of DUI charges based on inaccurate results. This possibility of erroneous readings is one of the primary signs that a DUI case is weak.

According to a recent article in The New York Times, there are numerous reasons that breathalyzers can produce skewed results. The report noted that in just two states—Massachusetts and New Jersey—judges have thrown out 42,000 breath test convictions due to problems with the tests. Such large-scale dismissals highlight the signs that a DUI case is weak when based heavily on breathalyzer evidence.

Regardless of the manufacturer or brand of breath testing device used by law enforcement, all breathalyzers are susceptible to a number of errors that can lead to skewed results. For example, some cheap and easy-to-maintain devices may be prone to malfunction if the person taking the test uses toothpaste, mouthwash, or breath mints before giving the sample. These items can contain chemicals that mimic the molecular structure of ethyl alcohol, leading to falsely high BAC readings. The potential for such errors reinforces the signs that a DUI case is weak.

Additionally, the device may be impacted by external factors, such as the presence of ice cubes in the driver’s mouth, chemical residue from cleaning fluids or paint, or radio interference from cellphones and police radios. In addition, if the driver takes the test immediately after drinking, they will likely have residual alcohol in their throat and mouth that can cause the machine to yield an inaccurately high BAC reading. These factors further suggest signs that a DUI case is weak.

A knowledgeable NYC DUI lawyer can help drivers who are facing DUI charges challenge the accuracy of breath test results. Even if the results are valid, a skilled attorney can use these findings to attack the prosecution’s case against you, identifying them as signs that a DUI case is weak.

Most people who are stopped for suspected DWI will be asked to blow into a portable breath tester (PBT) at the scene of the stop. A positive PBT result can give officers probable cause to arrest the suspect and administer more official breath or blood tests at the station. New York law requires drivers to submit to these tests if officers have reasonable suspicion of intoxication.

Refusing to take a breathalyzer test can mean being charged with a more serious “common law” DWI, which can carry more substantial fees and fines than a DWAI offense. However, New York’s implied consent law allows you to be subjected to these penalties if you refuse a breath test when asked by a police officer.

If you are arrested for DWI in New York based on the results of a breathalyzer test, contact a reputable NYC DUI lawyer as soon as possible. An experienced attorney can review the testing procedures to determine whether a technical error was involved. This could result in a dismissal of your case, or at least a reduced sentence.


Lebedin Kofman LLP

Lebedin Kofman LLP | Criminal Attorney and DWI Lawyer

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(646) 663-4430