Is The Breathalyzer Really Accurate Or Trustworthy? What You Need To Know When Charged With A DWI Or DUI In New York State

If you or a loved one have been arrested and charged with Driving While Intoxicated in New York State, you may be wondering about the Breathalyzer machine (often referred to as the “Breathalyzer instrument”) and whether its results are accurate. You simply do not believe the breathalyzer’s Blood Alcohol Concentration (B.A.C.) results returned in your case. You are not alone. Many individuals who are arrested for DWI harbor that impression. It is based on how they felt at the time of the incident and police encounter. While I would not totally rely or correlate one’s feelings when arrested with the accuracy of the Breathalyzer’s results, it is important to question the police and prosecution’s notion that Breathalyzer’s results are failsafe. The breathalyzer is not a magical instrument who results are rarely wrong or inaccurate. Breathalyzer results can be inaccurate, as many instances across the country have revealed. Let’s explore DWI/DUI in New York State and breathalyzer accuracy.

Can You Trust The Breathalyzer?

There are requirements that must come together regarding a Breathalyzer’s proper operation and accurate results. Inaccuracy issues often surround operator error and lax instrument calibration. Proper calibration requires testing its simulator solution, which is a device containing a liquid or gas solution. People often compare this “simulator” to a portable breathalyzer that measures a blood alcohol concentration (B.A.C.) of .10%. The Breathalyzer machine tests the simulator solution prior to securing the arrested motorist’s breath sample as a form of preliminary test-run to ensure the machine is operating properly. It the cleans or purges itself before providing instruction to secure the arrested motorist’s sample.

Many aspects must come together for the Breathalyzer’s B.A.C. to be accurate. Key factors include the officer’s proper administration of the breathalyzer according to its checklist. The officer must monitor the motorist for at least 15 minutes before administering the test. Calibration of the machine is typically required at least once a year. The instrument’s reports and testing of the simulator solution are also crucial. Additionally, there are other technical areas that fall beyond the scope of this article. We will not cover aspects like the gas chromatogram charts produced by the instrument.

All of the above areas should be closely scrutinized by an experienced, knowledgeable, DWI defense attorney or other industry expert. If you are in Westchester, Rockland, Dutchess, Orange, Ulster, Putnam, or Sullivan counties, or anywhere else in New York State, consider reaching out to attorney Randall F. Inniss of XTROOPER Defense at (845) 533-0265. As a former 22-year state trooper, he has the experience and insight to review aspect surrounding the Breathalyzer and other critical areas of your case. Your future and freedom may depend on it!