DWI Defense Lawyers Understanding New York Breath Tests in Depth

Breath tests — also known as breathalyzers — are the most common tests used to establish blood alcohol content in DWI cases. These tests are not perfect, and if you've been charged based on a breath test result, you should contact a New York breathalyzer defense lawyer right away.

At Anelli Xavier, PC, our attorneys have received detailed training on how breath tests work, so we understand their weaknesses. We serve clients throughout New York State. No matter where you are charged in New York State, we are confident our firm will give you the best possible outcome due to our extensive training and sole focus on DWI Defense. Contact us today to discuss your case.

Trained on the Machines That the Police Use

Most local police and sheriffs in New York use the DataMaster DMT breath test, which relies on infrared testing, in New York breathalyzer defense lawyer cases. We have visited the DataMaster factory in Ohio to learn more about this machine, and all of the lawyers at our firm have been extensively trained on it.

New York State Police troopers use the Dräger Alcotest breathalyzer, which relies on both infrared and fuel cell testing. We have also been carefully trained on this machine.

Understanding the Weaknesses of Breath Tests

Breathalyzers do not directly measure the percentage of alcohol in your blood. Instead, they estimate your blood alcohol content ( BAC) by analyzing your breath. There are several things that can make the results of a breath test invalid, including the following.

• Operator error: It takes skill and training to operate a breathalyzer machine. Often, the people who operate these machines make errors that can impact the results.
• Machine error: Breathalyzers are sensitive machines that must be appropriately calibrated on a regular basis and operated under the right temperature conditions.
• Mouth alcohol contamination: Food particles, denture adhesives and gastric reflux can all result in contamination of the mouth with small amounts of pure alcohol, which can drastically throw off breath test results.
• High ketone levels: Both low-carb diets and diabetes can increase ketone levels, which can also throw off the results of breathalyzer tests.

The attorneys at our firm may be able to call your breath test results into doubt. We may also rely on experts, such as pharmacologists or toxicologists, and computer software such as BAC-Tracker, to make our own estimates of your BAC.

If you've been charged with DWI in New York based on a breathalyzer result, contact us to discuss your options with a knowledgeable defense lawyer.