Suffolk DWI Attorney Fighting Charges With Evidentiary Challenges
Facing a driving while intoxicated (DWI) charge can trigger consequences that can heavily impact your life. While the situation can be overwhelming, you have a legal pathway forward.
At the Law Office of Bryan E. Cameron, we know how to fight a DWI charge in New York. Our attorney, Bryan E. Cameron, believes that modern breath instruments are subject to technical vulnerabilities that can compromise their reliability in court.
Technical Analysis Of DataMaster Calibration And Maintenance Records
The DataMaster (DMT) measures a person’s breath alcohol concentration. To ensure fairness, New York law mandates that law enforcement adhere to strict regulations about calibration and maintenance.
Defense attorneys use this to challenge the DMT’s certification and expiration of reference standards. They also check if the calibration is correct, not going beyond the standard target. Additionally, lawyers examine internal records for software glitches and detector voltage spikes.
Identifying Margin-Of-Error And Tolerances In Breathalyzer Testing
While breathalyzers are measuring devices, their results are not absolute tools. In New York, the courts accept that the machine’s display can fluctuate above or below a driver’s actual blood alcohol concentration (BAC) levels by up to .01%.
Since New York’s threshold for DWI is .08%, defense attorneys can argue that a reading close to this may mean that your actual BAC was below the legal limit. The state then must prove your per se DWI charge with other evidence.
Medical Conditions And Biological Factors Causing False Positive BAC Results
BAC tests tend to mistake nonethanol compounds or mouth alcohol for deep lung air. If you have acid reflux or gastroesophageal reflux disease (GERD), stomach contents containing alcohol can be regurgitated into the mouth, creating “mouth alcohol” that can lead to an artificially inflated BAC reading.
Chain-Of-Custody Motions And Blood Sample Contamination Defense Strategies
If the prosecution took a blood sample from you, they must establish an unbroken chain of custody of evidence. They should ensure that every person who handles the sample refrains from tampering the evidence. Otherwise, it creates gaps that can make the evidence unreliable.
Defense attorneys investigate the matter by requesting the discovery process to identify procedural errors, using this chance to file a suppression motion.
Book A Free Consultation Today With A Lawyer Who Puts Your Needs First
We at the Law Office of Bryan E. Cameron aim to be responsive to clients and learn their best interests. You can expect us to get back to your concerns as swiftly as we can. Call 631-319-3487 or email us to schedule an appointment.