Although breathalyzer tests are the “standard” evidence for prosecuting a DWI in Brooklyn, they are notoriously inaccurate. Numerous factors can skew the test results, rendering the reading invalid. Here are 3 things that cause breathalyzer inaccuracies, and what you can do if you are arrested for a DWI.
1. Improper Calibration of the Device
There are strict regulations on how and when a breathalyzer device must be calibrated. If an officer fails to adhere to this protocol, the test results may be invalid.
2. Consumption of Food or Drink Before the Test
There are also regulations regarding administration of a breathalyzer test to an individual. An observation period is required; the individual must not eat or drink during this time. If the arresting officer does not wait the required amount of time, food or drink consumed prior to the test may cause an inaccurate BAC.
3. Medical Conditions
Certain medical conditions, like acid reflux, can cause a breathalyzer test to read higher than what it should. If you suffer from acid reflux, you may use your medical records to have the breathalyzer test results thrown out.
How Does Omitting the Results from Court Help Your Case?
If the breathalyzer test results are thrown out of court due to inaccuracy or invalidity, it becomes harder to prosecute you. The only things left against you are your performance on field sobriety tests and the officer’s observations of you, both of which are subjective.
Mark Cossuto is an experienced Brooklyn DWI attorney who understands how breathalyzer tests work and how they are inaccurate. He will evaluate your case to see if the officer followed proper procedures when administering the test. He will also see if a medical condition caused the breathalyzer test results to be higher.
If you were arrested and charged with a DWI, now is the time to contact a lawyer to protect your rights. Don’t hesitate to obtain legal representation. Contact Attorney Mark Cossuto today to learn more about what you can do after a DWI arrest and what defense strategies are most likely to be successful in your case. Call now at (718) 852-8047.