New York DUI Lawyer

When criminally charged with drunk driving in the New York area, it is important to realize that the case built against you will begin at the very onset of the arrest. It is considered to be a criminal per se offense to be operating a vehicle with a blood alcohol concentration (BAC) over the legal limit of 0.08%. Therefore, in an attempt to gain a successful conviction, law enforcement officers will take several steps in their efforts to legally prove that you r BAC was in the illegal zone. Two of the most utilized and theorized to be the most accurate forms of chemical testing involving the breath test and the blood test.

Breathalzyer: Overview of the Breath Test

The breath test (commonly referred to as a breathalyzer), is one of the first steps used by law enforcement officers during the DUI arrest process. The test itself is simple and will simply require that the subject breathe into a machine. This machine will then run the sample to determine how much alcohol is in the breath, calculating how much is in the subject's system in turn.

The problem, however, is that these tests can be highly inaccurate and in many situations have been thrown out in court. There are many circumstances in which extenuating factors can result in a false reading. The following have all been shown to cause problems with the breath test:

Improper calibration of the machine;
The existence of mouth alcohol;
Heartburn or acid reflux;
Radio frequency interference;
A test taking during the absorptive phase

This is just a small sample of some of the factors that have been known to cause issues with the results of a breath test. Regardless, it is important to realize that if you have recently been told that you have "failed" the breath test, this does not necessarily mean that you are without hope. There are defenses that can be utilized to combat the results and to protect your legal rights.

Understanding the Blood Test

Another common form of chemical testing involves the blood test. This is typically believed to be one of the most accurate forms of testing as it is the most scientific and detailed in nature. By taking a sample of the subject's blood, it is then run through lab testing to check the blood alcohol concentration. This, however, does not mean that a blood test is flawless. In fact, over the years it has been found that the blood test can have errors in much of the same manner as a breath test. Should proper protocol not be followed to the letter, the results could be put into question.

Due to the involvement of humans, one is never able to discount the possibility of human error. Not properly tracking the chain of custody, not properly storing the sample and improper handling can all result in a subject being slapped with unfair test results. There is also the question of contamination of the blood sample. In some situations, it has been proven that by not sterilizing the draw site and not preserving the blood in a proper manner can result in added alcohol to the sample or clotted blood which will not result in a proper result.

DUI Defense Attorney in New York

If you have recently been criminally charged with a DUI and are facing the results of a failed chemical test, do not despair. At the Law Offices of Brian D. Perskin, we have proven time and time again that we can be counted on with even the most daunting of situations. We know what is on the line and we have proven that we can be trusted to provide our clients with the high-quality and reliable legal assistance that they truly deserve.

We know that every case is defensible and we will do everything that we can to look for that point of defense. Even if you have supposedly failed, you can be confident knowing that a New York criminal attorney from our firm will go the distance to question the validity of the test and to determine any flaws that can be used to get the results dismissed as evidence. You can rest easier knowing that no matter what you are facing that we will do everything possible to help you defend your best interests.

If you were subjected to a breath and/or blood test during the DUI process and are looking for experienced defense, contact a New York DUI defense lawyer from our firm today!