Facing a Driving While Intoxicated (DWI) charge can be intimidating, especially when the prosecution relies heavily on breathalyzer results. Many people see these devices as irrefutable proof of intoxication. However, the reality is much more complex. Breathalyzer tests, while often convincing, are not infallible. They can be challenged effectively, and a skilled DWI lawyer can be essential in disputing the evidence against you.
In this article, we’ll explore how DWI lawyers challenge breathalyzer results, the common problems with these devices, and the legal strategies that may reduce charges or even result in a case dismissal.
Understanding Breathalyzer Tests
How Breathalyzers Work
Breathalyzers are devices used to measure a person’s Blood Alcohol Concentration (BAC) by analyzing the alcohol content in their breath. The device works by measuring the alcohol vapor in the breath and converting that measurement into an approximate BAC reading. If the BAC exceeds the legal limit of 0.08% for drivers over 21, the driver can be charged with a DWI.
There are two main technologies used in breathalyzers: chemical sensors and infrared sensors. Chemical sensors work by reacting with alcohol molecules in the breath, creating a chemical change that is measured. Infrared sensors, on the other hand, detect alcohol vapor by shining infrared light through the breath sample and measuring how much light is absorbed. While both methods are effective, they can still produce errors if not used correctly.
The Legal Weight of Breathalyzer Results
Breathalyzer results are admissible in court, but they do not carry the weight of absolute proof. Courts generally treat breathalyzer results as just one piece of evidence among others, rather than definitive proof of intoxication. As a result, a skilled defense attorney can often raise doubts about the accuracy or legitimacy of breathalyzer results.
It is crucial to understand that just because a breathalyzer test shows that your BAC is over the legal limit doesn’t automatically guarantee a conviction. Lawyers can challenge the results, and in some cases, this can result in the exclusion of the evidence, a reduced charge, or even a case dismissal.
Common Problems with Breathalyzer Tests
While breathalyzers are common in DWI cases, they are not without their flaws. There are several reasons why a breathalyzer reading might be inaccurate or unreliable.
1. Device Malfunctions and Calibration Errors
Breathalyzers need to be maintained and calibrated regularly to ensure accuracy. If the device is malfunctioning or has not been properly calibrated, the results can be skewed. Some of the common issues include:
- Outdated Software or Hardware: Older breathalyzers may not function as reliably as newer models. Over time, the internal components of the device can degrade, leading to inconsistent results.
- Improper Calibration: If a breathalyzer is not calibrated properly, it can overestimate a person’s BAC. Calibration involves adjusting the device to ensure it gives accurate readings under controlled conditions. Without this, the results can’t be trusted.
- Sensor Malfunctions: Breathalyzers rely on sensors to detect alcohol in the breath. If these sensors malfunction, they may provide inaccurate readings. A faulty sensor might register a higher BAC than is accurate, or it might fail to detect alcohol altogether.
2. User Error by Law Enforcement
Breathalyzer tests are only accurate when administered properly. Law enforcement officers must follow strict procedures when conducting these tests. If they do so, the results may be valid. Some common issues include:
- Failure to Follow Protocol: Officers must observe the suspect for at least 15–20 minutes before conducting the test to ensure that there is no mouth alcohol contamination. If the officer doesn’t follow this rule, it can cause the breathalyzer to produce a false reading.
- Inadequate Training: If officers are not properly trained on how to use the breathalyzer or fail to follow the correct steps, the test results could be inaccurate. Untrained officers may fail to ensure proper procedure, like not checking for possible mouth alcohol contamination or incorrectly using the device.
3. External Factors Impacting Results
Several factors outside the breathalyzer’s control can interfere with its accuracy. These include:
- Mouth Alcohol: If a person has recently consumed alcohol, used mouthwash, or chewed gum, residual alcohol in their mouth can artificially inflate their BAC reading. This is why officers are required to observe suspects for 15–20 minutes before conducting the test, as this helps prevent mouth alcohol from affecting the results.
- Medical Conditions: Certain medical conditions, such as acid reflux, diabetes, or GERD (gastroesophageal reflux disease), can result in the release of alcohol-like substances from the stomach into the mouth. These substances can affect the breathalyzer, causing a false positive.
- Environmental Factors: Exposure to certain chemicals, like paint fumes, cleaning products, or even nail polish remover, can interfere with the breathalyzer’s ability to accurately measure alcohol levels. These chemicals can emit vapors that may be mistaken for alcohol by the device.
4. Questionable Reliability in Low BAC Cases
Breathalyzers tend to be most accurate at higher BAC levels. When a person’s BAC is near the legal limit—around 0.08%—even minor inaccuracies in the breathalyzer’s readings can have a significant impact on the case. At these levels, a slight calibration error or interference from external factors could make the difference between a conviction and an acquittal.
How a DWI Lawyer Challenges Breathalyzer Evidence
A knowledgeable DWI lawyer will scrutinize every aspect of the breathalyzer test to determine whether the results can be reliably used against you in court. There are several strategies that a lawyer might use to challenge the evidence.
1. Requesting Device Maintenance Records
One of the first steps a defense lawyer can take is to request the maintenance and calibration records for the breathalyzer used in your case. If the device wasn’t properly maintained or calibrated according to regulations, the results could be deemed inadmissible. This could lead to the exclusion of the breathalyzer evidence, weakening the prosecution’s case.
2. Evaluating Officer Conduct
A DWI attorney will carefully examine the officer’s actions during the stop and testing process. They will look for any failure to follow proper protocols, such as:
- Failure to Observe the Defendant: If the officer did not observe you for the required 15–20 minutes before administering the test, any alcohol in your mouth from recent consumption could contaminate the sample.
- Improper Use of the Device: If the officer didn’t follow proper procedures for using the breathalyzer, it could invalidate the test results. This includes ensuring the device was used at the correct time and under the right conditions.
- Lack of Training: A lawyer will also investigate whether the officer was properly trained to use the breathalyzer. If they weren’t, the test results might be unreliable and could be challenged in court.
3. Challenging the Accuracy of the Results
A skilled lawyer will often work with experts to assess the accuracy of the breathalyzer readings. Common defenses may include:
- Software or Calibration Errors: Lawyers can argue that the device was not properly calibrated or malfunctioned, leading to inaccurate readings.
- Medical or Environmental Factors: If there is evidence that your BAC could have been affected by a medical condition or environmental factors, a lawyer can use this information to challenge the breathalyzer results.
4. Arguing Constitutional Violations
Breathalyzer evidence can also be challenged if law enforcement violates your constitutional rights. Common violations that may affect the admissibility of the results include:
- Unlawful Traffic Stops: If the officer didn’t have reasonable suspicion to pull you over in the first place, any evidence collected during the stop—including breathalyzer results—could be excluded.
- Improper Administration of Rights: If the officer didn’t inform you of your rights before administering the test, the results could be thrown out.
Case Strategies for Fighting DWI Charges
1. Excluding Evidence
If the breathalyzer evidence is unreliable or inadmissible, your attorney can file a motion to suppress the evidence. This significantly reduces the prosecution’s ability to prove intoxication, and in some cases, can lead to a case dismissal.
2. Challenging Other Evidence
Even without the breathalyzer results, the prosecution might rely on field sobriety tests or the officer’s observations to establish intoxication. A lawyer can argue that these subjective measures are unreliable and open to interpretation.
3. Negotiating Reduced Charges
If the evidence against you is strong, your lawyer may negotiate with the prosecution for reduced charges, such as reckless driving, which carries less severe penalties. In some cases, this might involve plea bargaining to avoid the harsher penalties associated with a DWI conviction.
Real-Life Examples of Successful Challenges
1. Faulty Calibration Leads to Case Dismissal
In one case, a DWI lawyer discovered that the breathalyzer used to test their client hadn’t been calibrated in over a year. The court ruled the breathalyzer results inadmissible, leading to a dismissal of the charges.
2. Medical Condition Causes False Positive
A diabetic driver was charged with DWI after a breathalyzer showed a high BAC. Their attorney demonstrated that ketoacidosis, a condition common in diabetics, produced acetone that interfered with the device, resulting in a false positive. As a result, the charges were dropped.
Why Hiring a DWI Lawyer Is Essential
1. Expertise in DWI Law
DWI attorneys specialize in understanding state laws and the nuances of breathalyzer technology. This expertise allows them to spot weaknesses in the prosecution’s case that could lead to reduced charges or a case dismissal.
2. Protection of Your Rights
A DWI lawyer will ensure that your constitutional rights are protected throughout the entire legal process. From the traffic stop to the trial, they will ensure that you are not subjected to unlawful procedures.
3. Reduced Penalties or Case Dismissal
A skilled lawyer can help you avoid a DWI conviction by challenging breathalyzer evidence, presenting strong defenses, and negotiating reduced penalties. In some cases, this may result in the complete dismissal of charges.
Frequently Asked Questions
Can I Refuse a Breathalyzer Test?
Refusing a breathalyzer test can lead to automatic penalties, including a license suspension. However, refusal limits the evidence used against you, which can sometimes be beneficial. Consult with a lawyer to understand your options.
What Happens If My BAC Was Just Over the Limit?
If your BAC is just over the limit (e.g., 0.08–0.09%), your lawyer can challenge the result by pointing out small errors in calibration or questioning the reliability of the device.
Can I Win a DWI Case with Positive Breathalyzer Results?
Yes, many cases are won by challenging the accuracy of breathalyzer results, showing officer misconduct, or presenting medical or environmental factors that could have skewed the test results.
Conclusion
A breathalyzer test plays a significant role in DWI cases, but it is not without flaws. By recognizing the potential inaccuracies of breathalyzer tests and working with a skilled New York DWI lawyer, you can challenge the evidence, safeguard your rights, and possibly achieve a dismissal or reduction of charges. With the right legal strategies, the complexities of breathalyzer testing can be leveraged to strengthen your defense and secure a favorable outcome.