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Challenging Field Sobriety and Breathalyzer Tests in New York

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Driving under the influence (DUI) or driving while intoxicated (DWI) charges can be life-altering. New York takes these offenses seriously, with severe penalties including hefty fines, suspension of driving privileges, and even imprisonment. One of the critical factors in these cases is often the evidence provided by field sobriety tests and breathalyzer results. However, just because these tests are commonly used does not mean they are always accurate or fair. At Vasiliou Law, we have extensive experience challenging both field sobriety and breathalyzer tests, helping to protect our clients’ rights and achieve favorable outcomes.

Understanding Field Sobriety Tests

Field sobriety tests are often conducted during a traffic stop when a police officer suspects a driver is under the influence. These tests are designed to measure physical and cognitive functions that are believed to be impaired by alcohol or drugs. The most common tests include:

  1. Horizontal Gaze Nystagmus (HGN) Test: The officer asks the driver to follow a pen or other small object with their eyes. The officer looks for involuntary jerking of the eyes, which may indicate intoxication.
  2. Walk-and-Turn Test: The driver is asked to walk in a straight line, turn on one foot, and return to the starting point. The officer looks for any difficulty in maintaining balance or following instructions.
  3. One-Leg Stand Test: The driver must stand on one leg while counting aloud. Any swaying, using arms for balance, or hopping may be interpreted as signs of impairment.

These tests are highly subjective and rely heavily on the officer’s judgment. Many factors, including medical conditions, nervousness, uneven road surfaces, and even fatigue, can influence a person’s performance. Furthermore, these tests are not always administered correctly according to the standardized procedures set by the National Highway Traffic Safety Administration (NHTSA). At Vasiliou Law, we scrutinize every detail of how these tests were conducted, often finding issues that can weaken the prosecution’s case.

Challenging Breathalyzer Tests

Breathalyzer tests are widely used to measure a driver’s blood alcohol concentration (BAC). In New York, a BAC of 0.08% or higher is the legal threshold for intoxication. While breathalyzers are a common tool in DWI cases, their results are not infallible.

Several factors can affect the accuracy of a breathalyzer reading, including:

  • Improper Calibration: Breathalyzers must be regularly calibrated to ensure accurate results. A device that has not been properly maintained can produce faulty readings.
  • Mouth Alcohol: Residual alcohol in the mouth from things like mouthwash or certain medications can result in a falsely elevated BAC reading.
  • Medical Conditions: Conditions like acid reflux or diabetes can produce acetone in the breath, which can be mistaken for alcohol by breathalyzer devices.
  • Officer Error: Just as with field sobriety tests, breathalyzers must be administered according to strict guidelines. If the officer fails to observe the driver for a required period before the test, or if they use the device improperly, the results can be compromised.

At Vasiliou Law, we carefully examine the circumstances surrounding the breathalyzer test, including the maintenance records of the device, the training of the officer, and the procedure followed. By identifying errors in how the test was conducted or issues with the equipment, we can effectively challenge the validity of the breathalyzer results.

Defending Your Rights

If you have been charged with a DWI in New York, it’s important to remember that a failed field sobriety test or a high BAC reading does not automatically mean a conviction. These tests are not foolproof, and there are many ways to challenge their accuracy. With over 40 years of combined experience, the legal team at Vasiliou Law knows how to effectively question the reliability of field sobriety and breathalyzer tests. We will work tirelessly to build a strong defense on your behalf, ensuring your rights are protected every step of the way.

Conclusion

DWI charges can be overwhelming, but you do not have to face them alone. At Vasiliou Law, we are committed to providing experienced legal representation to individuals facing DWI charges. By challenging the evidence against you, including field sobriety and breathalyzer tests, we aim to secure the best possible outcome for your case. Contact us today for a consultation to discuss your defense strategy and protect your future.

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