Your Rights Regarding Breathalyzer Tests
Buffalo DWI Defense Lawyers in Your Corner
If you are arrested for driving while intoxicated, knowing your options
can help protect you and may lead to less severe consequences. Following
your arrest, you will be asked to submit to a chemical test, commonly
referred to as a “breathalyzer”. In the state of New York,
you are within your rights to refuse the chemical test; however, this
is not always the correct choice, as your refusal to submit to a chemical
test carries significant civil penalties which are completely separate
from the potential penalties that would result from a criminal conviction for DWI.
Such penalties can include additional fines and the revocation of your
license for at least one year. The decision to submit to a chemical test
is extremely complicated and is based on a number of factors, including
your level of intoxication, whether or not there was an accident or injury
involved, whether or not there were children in the vehicle, and whether
or not you have prior alcohol related offenses.
Schedule your confidential case evaluation
by calling (716) 951-5040 today.
Contesting the Breathalyzer
If you did take the breathalyzer test and the results led to your arrest, our
Buffalo criminal defense attorneys at The Rossi Law Firm have the experience and knowledge necessary to attack
the chemical test result at trial. Our team has
nearly 40 years of combined experience, and we know how to challenge the results of the breathalyzer test. We
have helped countless clients with their DWI charges, and both Michael
Anthony Rossi and Nicholas Michael Rossi have been named to the list of
“10 Best” DUI/DWI Attorneys in New York.
At trial, we will look to prove any of the following:
- Machine error that threw off the test
- Operator error that led to an incorrect reading
- Improper maintenance or calibration
- Use of a less effective or less accurate machine
Issues relating to the breathalyzer device must be addressed within a specific
period of time. You need attorneys representing you that are familiar
with the breathalyzer devices and handle these cases regularly. If you
have submitted to a test and wish to challenge the way the test was administered,
contact our criminal defense attorneys. We offer confidential consultations
for your breathalyzer test claims.
Call The Rossi Law Firm
today at (716) 951-5040 to discuss the specifics of your case.