Seeing breathalyzer test results come back over the legal limit can be disheartening if facing DWI charges. However, a failed breath test is not an automatic conviction. An experienced Queens DWI lawyer can use creative strategies to still build a strong defense. Here we discuss approaches for fighting your case despite breathalyzer evidence of intoxication.
Scrutinizing the Breath Test Procedures
Even with ‘failed’ results, vulnerabilities often exist in how breath testing was conducted. Sharp defense lawyers closely evaluate:
– Proper calibration – Machines must be calibrated per regulations. Any gaps make results challengeable.
– Required observation – 15-20 minutes of observed breathing are mandated pre-test to avoid mouth alcohol. Breaches can undermine results.
– Operator certification – Technicians must have up-to-date training and certification. Invalid overseers expose flaws.
– Timing of samples – Two consistent samples taken minutes apart are required. Deviations like quick re-blowing assist defenses.
– Machine maintenance – Lack of diligent cleaning or malfunctions raise accuracy doubts. Service records get reviewed.
Breath tests seem definitive, but many moving parts create opportunities to weaken results. Thorough scrutiny by counsel familiar with testing protocols is key.
Using Expert Witnesses to Dispute Blood-Alcohol Levels
Qualified expert witnesses can help contest breathalyzer readings. Possible specialists include:
– Forensic chemists – Experts in breath testing equipment and procedures who can pinpoint testing mistakes.
– Toxicologists – Scientists who understand alcohol absorption and metabolic rates. They may argue your BAC was rising between arrest and the breath test, based on timeline.
– DUI app specialists – Certified operators of DUI calculation apps. They can demonstrate plausible alternate BAC scenarios accounting for food, weight, etc.
– Defense breath techs – Specialists who personally inspect the breath device used and records to uncover problems firsthand.
Securing a credible third-party expert to undermine the reliability of failed test results provides a major boost to your drunk driving defense.
Alternative Explanations for Impairment
Even with no breathalyzer defects found, all hope is not lost. Skilled lawyers present plausible alternate explanations for the appearance of intoxication, including:
– Medical conditions – Illnesses like diabetes or inner ear disturbances mimic inebriation. Testimony from doctors can verify.
– Medications – Prescriptions, over-the-counter pills, herbal supplements also cause disorientation mimicking drunkenness. Having records helps.
– Mental impairments – PTSD, anxiety, depression, autism, and ADHD also explain odd behaviors. Psychologist evaluations bolster claims.
– Physical injuries – Head trauma, neurological issues, and injuries like a bad knee undermine field sobriety tests. Medical records help convince juries.
While BAC numbers are hard to overcome, juries still acquit when presented with persuasive alternate theories for poor driving and test performance.
Plea Bargaining Possibilities After Failed BAC Results
Rather than risk trial, prosecutors may entertain plea deals in light of a failed breath test. Potential options include:
– Breath test suppression – Arguments over testing flaws could persuade prosecutors to drop breath results, forcing them to prove impairment otherwise.
– Reckless driving plea – A lesser non-alcohol charge avoids DWI repercussions, since driving was still poor.
– Driving while ability impaired – Dropping from DWI to DWAI reduces fines, jail time, and license suspension length.
– Dismiss accompanying violations – Prosecutors may drop related traffic offense charges like running a red light as part of the bargain.
While prosecutors have strong evidence with a failed breath test, convincing arguments and skillful negotiation can still lead to a favorable settlement.
Choosing the Right Attorney After Failed BAC Results
To maximize options after disappointing breath test outcomes, defendants need an attorney well-versed in handling failed breathalyzer cases. Warning signs when assessing legal representation include:
– Lack of concrete failed test case examples – Ask prospective lawyers about previous cases defended despite bad breath results. Verify favorable outcomes.
– No relationships with prosecution – Well-connected attorneys can negotiate better plea deals leveraging past working relationships with the DA’s office.
– Default to generic defenses – cookie-cutter arguments present little chance of overcoming 0.08%+ results. Novel evidence and angles are required.
– Pushing for trial too aggressively – While trial is an option, restraint is needed to avoid irking prosecutors into withdrawing plea deals first.
– No breath testing certification – Understanding protocols requires defense attorney certification in equipment operation themselves.
With the proper legal strategy and advocacy, there are still options for achieving positive resolutions even after a failed breath test. Choose counsel wisely.
FAQ
What are the enhanced penalties for high BAC results?
For regular DWI with BAC of 0.18%+ the fine increases $1,000+, license suspension extends to 1 year, and an interlock ignition device will be required. BAC of 0.25% bumps the DWI to an aggravated DWI charge.
When do breath test refusals lead to enhanced DWI penalties?
Under New York’s “deemed consent” laws, test refusal triggers up to $500 fines, 6+ month license suspension, and refusal charge on your DMV record. But no criminal enhancement or separate charge arises from refusal alone.
Is a failed breath test an automatic DWI conviction?
No, there are still avenues for defense and mitigation in some failed breath test cases, as outlined here. But prosecutors certainly use BAC evidence over the limit as their strongest evidence to convict, making defense efforts more challenging.
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Being pulled over and suspected of DWI can be a harrowing experience, leaving you feeling anxious and overwhelmed. In New York, DWI offenses are taken seriously, with stringent laws and penalties awaiting those found guilty.
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