Reader’s Question:

A friend told me that he was tested with a breathalyzer due to being arrested for DWI in New York, but claims that he shouldn’t have failed the test. Is the breath test really accurate? How can you refute a failed breath test?

Stephan

Buffalo, New York

A breathalyzer is a device for estimating a person’s BAC (blood alcohol content) via a sample from the breath. Law enforcement officials most commonly administer breathalyzer tests with a hand-held field testing device, that are now considered to be dependable enough to be taken as evidence in DWI cases. If you take the breath test and the results shows 0.08 BAC, which is above New York’s legal limit, your license will be suspended, pending prosecution.

These tests are often based on assumptions that do not usually apply to everyone, so challenging breath test results is possible. Most breathalyzers assume that the tested individual is an average person and do not take into account sex, weight, height, metabolism and whether that person has just taken a medicine or had eaten. Breath testing machines may also run into other problems when they recognize not only ethyl alcohol, but also any other compound under the methyl group. Thus, a breath test machine may misinterpret other substances or compounds in human breath as alcohol content. In other words, breathalyzer tests are not always accurate.

If you’ve been charged with DWI in New York and failed a breath test but you do not believe in the accuracy of the result, consult an experienced DWI lawyer. Speaking with a qualified DWI attorney is a great way to evaluate your situation and determine if any breathalyzer challenges may apply in your case.