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Can I challenge a breathalyzer test?

On Behalf of | Aug 18, 2021 | DWI

Obviously, making the decision to drink and drive is never the best choice. However, just because a police officer in New York administers a Breathalyzer test that results in a DWI charge, all hope is not lost. There are steps that you can take to challenge the results, which often makes the difference in having charges dropped and suffering the legal ramifications of a DWI.

Was the officer trained?

Many New York residents don’t realize that they can challenge a speeding ticket by questioning whether or not the officer who wrote it was trained on how to use a radar gun. The same challenge can be filed concerning whether or not the officer who administered the Breathalyzer was trained on how to properly use the machine. If the officer can’t provide proof that he or she was trained on how to administer a breathalyzer test, you may have grounds to have your DWI charge dropped.

Was the test constitutional?

The United States Constitution protects citizens from unconstitutional searches. With that information in mind, the officer who administered your Breathalyzer test must be able to verify that he or she pulled you over and administered the test with due cause. It’s important that you know why you received a Breathalyzer test, as an illegal search can lead to charges being dismissed.

Was the test reliable?

In 2013, an Ohio judge ruled that a certain manufacturer of breath tests was producing devices that were “not scientifically reliable.” With that ruling, the ability to challenge the reliability of a test was introduced. You should do some research about the type of machine that was used in your case and find out if there have been any examples of those tests being faulty in the past.

Knowing how to challenge a DWI charge in New York is crucial. These tests, which have been proven faulty in the past, must be administered by a trained officer and according to the guidelines set forth by both state and federal law. If you have been charged with a DWI, make sure that you are ready to challenge the findings.

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