New York Breath & Blood Tests Lawyers

Aggressively Challenging the Results of DWI Chemical Tests in NYC

During a driving while intoxicated (DWI) arrest, an officer may instruct a DWI motorist to provide a blood test or breath test to measure their blood alcohol concentration (BAC). The request for such a test can make an arrestee anxious, but it is important to know how these tests work and if there are incarceration-avoiding challenges you can make in court.

Our seasoned legal team at Barket Epstein Kearon Aldea & LoTurco, LLP has been handling DWI cases for years and has used many strategies to get the best possible outcomes for our clients, including determining accurate BAC levels.

If you face DWI charges, get help from one of our attorneys who is equipped to review your test results. Call us at (888) 779-0267 today.

Implied Consent in New York

New York operates under an implied consent law. This means that by holding a New York driver’s license or driving within the state, you are giving consent to chemical testing, such as breath or blood tests, if you are lawfully arrested on suspicion of DUI or DWI. Refusing to take a breath or blood test can have serious consequences, including:

• Immediate license suspension
• Fines
• Mandatory installation of an ignition interlock device
• Higher penalties if convicted of DUI or DWI

While refusal can complicate your case, it does not automatically mean conviction. A skilled New York breath and blood test lawyer can help you navigate the legal implications of refusal and potentially challenge the consequences.

What is a Breath Test?

A breath test is a chemical test commonly used by law enforcement to determine the amount of alcohol in a person’s breath. The most widely used device is the Breathalyzer, which analyzes the air from the lungs to estimate BAC. Breath tests are favored because they are non-invasive and provide immediate results.

Breath tests work by detecting ethanol molecules in the breath, converting this information into a BAC reading. However, breath tests are not always accurate due to various factors, such as:

• Calibration errors: The device must be properly calibrated and maintained.
• Health conditions: Conditions like acid reflux, diabetes, or lung disorders can produce false readings.
• Residual alcohol: Alcohol in the mouth from food, mouthwash, or other sources can affect results.
• Environmental factors: External factors like temperature or exposure to chemicals can lead to inaccurate readings.

Because of these variables, breath test results can sometimes be challenged in court.

What is a Blood Test?

A blood test is another form of chemical testing used to determine BAC or the presence of drugs. In this test, a sample of blood is taken and analyzed in a lab. Blood tests are generally considered more accurate than breath tests because they measure the exact amount of alcohol or drugs in the bloodstream. However, they are also more invasive and require proper collection, storage, and handling.

Blood tests measure the concentration of alcohol or drugs by analyzing a blood sample. The process includes:

1. Collection: A trained medical professional draws the blood, often at a hospital or medical facility.
2. Storage: The sample must be properly stored to prevent contamination or degradation.
3. Analysis: The blood is analyzed in a lab to determine the level of alcohol or drugs present.

Though blood tests are more precise, they are not without potential issues. Improper handling, contamination, or delays in testing can lead to incorrect results, which can be challenged in court.

Legal Challenges to Breath & Blood Test Results

Breath and blood tests are often considered strong evidence in DUI cases, but there are several legal avenues to challenge their accuracy and validity. As your New York breath and blood test lawyer, we will thoroughly examine the circumstances surrounding your arrest, the administration of the tests, and the procedures followed.

Breath Test Challenges

• Improper calibration: If the breathalyzer device was not correctly calibrated, it could produce faulty readings. We can request maintenance and calibration records to verify the device's accuracy.
• Operator error: The person administering the test must be properly trained. If the officer did not follow proper procedures, the results could be inadmissible.
• Health conditions: Certain medical conditions can skew breathalyzer results. For example, acid reflux or diabetes can affect the amount of alcohol present in the breath, leading to higher BAC readings.
• Mouth alcohol: Residual alcohol in the mouth, from food, mouthwash, or other substances, can falsely elevate the BAC reading.

Blood Test Challenges

• Chain of custody issues: Blood samples must be handled with care, and any breaks in the chain of custody could compromise the validity of the test. We will examine how the sample was collected, stored, and analyzed.
• Contamination: Blood samples can become contaminated during collection or analysis, which can result in inaccurate readings.
• Delays in testing: Blood samples should be tested as soon as possible to ensure accuracy. If there was a delay between collection and testing, this could affect the results.

The Importance of Hiring a Lawyer

Facing DWI charges based on breath or blood test results can be overwhelming. However, these tests are not foolproof, and a skilled attorney can identify weaknesses in the prosecution's case. At Barket Epstein Kearon Aldea & LoTurco, LLP, we have years of experience challenging breath and blood test results in New York courts.

Our team will meticulously review all evidence, from the arrest procedure to the administration of the test. We will look for any errors that could invalidate the results or cast doubt on their reliability. Depending on the specifics of your case, we may be able to negotiate reduced charges or have the case dismissed entirely.

If you or your family member is accused of DWI based on a blood test and want to know how our legal strategies should work in your case, we are here to help. Contact our seasoned DWI team at (888) 779-0267.