Driving while intoxicated may be a common offense in New York, but a conviction still comes with harsh penalties. In addition to the fines and possible jail time, a DWI can lead to a license suspension and the loss of other freedoms.
Even a first offense can come with stiff consequences. According to the New York Department of Motor Vehicles, a first-time DWI conviction may cost the defendant $1,000 in fines, and he or she may have to spend up to one year in jail.
Fortunately, there are several possible defenses against DWI charges. The best approach will depend on the facts surrounding your case, but one strategy your DWI lawyer may use is to challenge the results of your breathalyzer test.
If you are facing DWI charges in New York, contact Darren DeUrso, Attorney at Law. As a White Plains DWI attorney, Mr. DeUrso can gather evidence, investigate your arrest and aggressively fight for a positive outcome to your case.
Call 914-772-8614 to schedule a consultation. You can also visit http://dui-lawyers.usattorneys.com/ to learn more about DWI charges.
Here are four ways that your DWI lawyer may challenge breathalyzer results:
- Poor Maintenance and Calibration
According to breathalyzer manufacturer BACtrack, breathalyzer equipment must be calibrated in order to provide accurate results. Furthermore, if officers have not used the breathalyzer for an extended period of time, there is a possibility that the sensor has dried out, which can also lead to inaccurate results. If the officer cannot prove that officials calibrated the device and performed careful and regular maintenance on it, then your DWI attorney can argue that the results may have been inaccurate.
- Breathalyzer Malfunction
Even perfectly maintained breathalyzers can fail or malfunction. These are intricate devices, and a small defect can influence their readings.
- Incorrect Use
In order for a breathalyzer to produce accurate results, the officer must perform the test properly. Some officers are inexperienced or careless, or they make an error in the application of the test, which renders the results inaccurate. If the officer was not qualified to administer the test, or if he or she made a mistake, then the results may not be admissible in court.
- Inflated Readings Due to Household Products
Some household items, such as mouthwash and other hygiene products, can cause inflated BAC readings. Your DWI attorney may be able to prove that the readings were inaccurate because of a consumer product.
Contact a DWI Attorney
There are several potential defenses against DWI charges. In certain cases, defendants had no choice but to drive while intoxicated. If you are facing DWI charges in New York – even if you failed the breathalyzer – you should consult a DWI lawyer as soon as possible.
Darren DeUrso, Attorney at Law is a White Plains DWI lawyer who has been in practice for more than 25 years. He has experience as an assistant district attorney for Westchester County, which gives him a unique skillset when it comes to defending his clients’ freedoms. Call 914-772-8614 to schedule a consultation.