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.