In New York, breathalyzer tests are often used by law enforcement officers to measure a motorist’s blood alcohol concentration (BAC) when they pull them over for suspected drunk driving. Despite their common use, the accuracy of breathalyzer tests and the potential of challenging the readings are sometimes questioned. Please continue reading to learn how breathalyzer tests work in New York, the factors that can affect their reliability, and how our experienced Suffolk County DWI Lawyers can help protect your rights. 

What Is a Breathalyzer Test? 

First and foremost, it’s important to understand that a breathalyzer test is a handheld device used to estimate an individual’s BAC by measuring the amount of alcohol present in their breath. Essentially, it acts as a rapid method for detecting if a motorist is operating a motor vehicle above the legal limit (normally 0.08%). Officers will administer the test by asking the motorist to blow into a tube. It should be noted that refusing a breathalyzer test will result in serious penalties, such as the immediate loss of your driving privileges. 

What Factors Can Affect Breathalyzer Accuracy? 

Although they are widely used, breathalyzer tests aren’t always accurate. Blood tests are generally considered more accurate for determining a motorist’s BAC. Breathalyzer tests are susceptible to various factors that can result in inaccurate or false positive results. If you are facing a DWI charge in New York based on a breathalyzer reading, it’s crucial to understand the factors that can affect accuracy. Here are some of the factors that can affect breathalyzer accuracy:

  • Device Calibration and Maintenance: For accurate results, the device must undergo regular, proper calibration and maintenance checks. An improperly calibrated or malfunctioning device will provide inaccurate readings, usually showing a higher BAC than is true. 
  • Human Error During Administration: The law enforcement officer administering the test must follow strict procedures. If they fail to comply with the mandatory waiting period before administering the test, it can significantly impact the accuracy of the reading. 
  • Improper Timing: The body absorbs and processes alcohol over time. If a breath test is administered too soon after an individual stops drinking or too long afterward may not accurately reflect the BAC at that crucial time while behind the wheel. 
  • Medical Conditions: Additionally, certain pre-existing medical conditions can affect the accuracy of the breathalyzer test. Conditions like acid reflux can influence the results. 
  • External Substances: The presence of substances other than the consumer’s alcohol can corrupt the reading. For instance, residual alcohol in the mouth (from mouthwash or recent vomiting). 

If you or a loved one is facing a DWI charge in New York, a qualified attorney at Castro & Trodden, LLC, can help you challenge the accuracy of the readings. Connect with our legal team to schedule a consultation.