Reasons a Breath Test May be Ruled Invalid
If police in Connecticut or New York suspect you of driving while intoxicated, they may ask you to take a chemical test. The most frequently used chemical test is the breath test, commonly administered by the Breathalyzer. However, the police can also administer either a urine or blood test as well.
Our DWI lawyers in White Plains will counsel you that two separate and distinct breath tests are generally given following a DWI related stop.
An Alco Sensor Test is often given by police at the scene of a suspected drunk driving offense. The Alco Sensor is a small hand-held device which is not admissible in court or as evidence against you. Police generally use the Alco Sensor Test to rule out people that they are unsure about.
The Breathalyzer or Intoxilyzer is a table-sized machine which police ask a person to blow into after they have already been arrested and transported back to the station. The Breathalyzer results are more accurate than an Alco Senor and are admissible in court and all subsequent proceedings against you.
Our New York, White Plains and Stamford, Connecticut DUI attorneys will counsel you that “Refusal Warnings” must be given prior to the administration of a chemical test. If police forget to give you your “refusal warnings” (or give you improper warnings) the breath test results may be suppressed in court.
Moreover, after police read the refusal warnings to you, you must tell police that you understand the warnings and that you agree to take the breath test.
Proof must also be submitted reflecting that the Breathalyzer was “calibrated” prior to your test and that the instrument was working properly.
In addition, a DWI breath test must be given twice, and must be administered within two hours after the stop of a person’s vehicle, in order to be admissible in Court.
Police must also check to make sure that you have nothing in your mouth and must observe you, continuously, for twenty-minutes period prior to administering the breath test.
If a person tries to blow into the machine but is unable to do so (because, for example, they have asthma) the results may be invalidated.
Our Connecticut and Westchester County DWI lawyers will go over with you whether your own breath test was properly administered, and whether there are any valid grounds to fight it in court. Accordingly, if you or anyone you know has been arrested for DWI, please contact our New York, White Plains, and Stamford DUI lawyers. The call is free, and our lawyers are standing by 24/7.