When facing a DWI charge, it is crucial to know that breathalyzer tests are not infallible. Inaccurate results can have a significant impact on your case, leading to wrongful convictions and severe penalties. In this blog post, we will discuss the top five factors that can invalidate your breathalyzer test results in New York City and how a skilled criminal defense attorney can help you challenge these results.
1. Improper Calibration and Maintenance of the Device
Like any other device, breathalyzers require regular calibration and maintenance to ensure their accuracy. Calibration is the process of adjusting the device to ensure it provides accurate readings. If a breathalyzer is not calibrated properly, it may produce false results. The National Highway Traffic Safety Administration (NHTSA) provides guidelines on how often these devices should be calibrated, but it is not uncommon for law enforcement agencies to overlook this requirement.
2. Operator Error
Another common factor that can invalidate breathalyzer test results is operator error. Law enforcement officers must be trained and certified to administer breathalyzer tests properly. However, mistakes can still happen. For example, the officer may not wait the required 15-20 minutes before administering the test, which can lead to inaccurate results due to residual alcohol in the mouth. Additionally, the officer may not properly instruct the subject on how to provide an adequate breath sample, leading to false readings.
3. Medical Conditions and External Factors
Some medical conditions and external factors can also impact breathalyzer test results. For instance, individuals with gastroesophageal reflux disease (GERD) or acid reflux may have alcohol from their stomach regurgitate into their mouth, leading to falsely high readings. Moreover, certain medications and mouthwashes containing alcohol can also affect the test results. Furthermore, exposure to certain chemicals, such as paint fumes or gasoline, can cause a breathalyzer to produce a false positive.
4. Interference from Electronic Devices
Electronic devices, such as cell phones and radios, can interfere with breathalyzer test results. The NHTSA acknowledges that radio frequency interference (RFI) can cause false readings on breath alcohol testing devices. If an electronic device was in use during the administration of the test, it could potentially invalidate the results.
5. Improper Storage and Handling of Breath Samples
Once a breath sample is collected, it must be stored and handled properly to ensure accurate results. If the sample is not stored at the correct temperature or is exposed to contaminants, it can lead to false readings. Additionally, if the chain of custody for the breath sample is not properly documented, it may be possible to challenge the validity of the test results.
Challenging Breathalyzer Test Results with Barket Epstein Kearon Aldea & LoTurco, LLP
If you have been charged with a DUI in New York City and believe that your breathalyzer test results may be inaccurate, it is essential to consult with an experienced criminal defense attorney. At Barket Epstein Kearon Aldea & LoTurco, LLP, our team of skilled attorneys has extensive experience in challenging breathalyzer tests and debunking their results. We understand the complexities of these cases and are committed to providing you with the aggressive representation you need to protect your rights and secure the best possible outcome for your case.
Contact us today to schedule a consultation and discuss your options for challenging your breathalyzer test results in New York City.
