NY Breathalyzer Tests Are Not Always Accurate

Getting pulled over on suspicion of driving while intoxicated in New York can be extremely overwhelming. Not only do people run the risk of being subjected to field sobriety tests, but they may be asked to take a Breathalyzer test as well. Law officials use Breathalyzer devices to determine if drivers are operating a vehicle while intoxicated; however, studies show that these tests are not always accurate. This can lead to a person being wrongfully arrested and convicted of a DUI.

How to Breathalyzer devices work?

Breathalyzer devices offer police officers a way to calculate a driver’s blood alcohol content without having to obtain an actual blood sample from the individual. After the driver blows through a tube that is attached to the device, the breath sample is analyzed for alcohol content. The amount of alcohol present in the breath sample is then converted to blood alcohol content reading.

Determining the accuracy of the results

A peer reviewed study conducted by LaBianca, Simpson, Thompson et al. discovered a 50 percent discrepancy between the BAC results from a Breathalyzer test and the BAC results from an actual blood test. This means that a person with an actual BAC of 0.05 percent may receive a reading of 0.1 percent on a Breathalyzer device, which would lead to their arrest.

Many states allow Breathalyzer results to be used in court as irrefutable evidence that a person was intoxicated while driving. However, some states now require blood samples to be used in order to obtain an accurate BAC level.

Compromised Breathalyzer results

According to an article published by the State University of New York, Breathalyzer devices determine the BAC of a breath sample by measuring the amount of ethyl alcohol contained in the sample. Interestingly enough, there are a number of substances found in human breath that have similar molecular structures to ethyl alcohol, including acetone. The National Highway Traffic Safety Administration reports that dieters and diabetics may have a high concentration of acetone in their breath, leading to a false Breathalyzer reading.

The State University of New York also reports several other factors that may influence a Breathalyzer reading. These include:

  • Chemicals found in paint, cleaning fluids and gasoline.
  • Tobacco smoke.
  • Interference from cellphones and police radios.
  • Blood in the driver’s mouth.
  • Ingestion of bread products.
  • Physical activity.

Partnering with an attorney

A DUI conviction can be devastating to a person’s life and comes with excessive fines, revocation of your driver’s license and even jail time. People facing DUI charges may want to team up with a reputable attorney who can help them formulate a strong defense case.


In the Media

Watch Attorney Kimberly Lerner Featured on National News Programs
  • Trump Admin Under Fire for Epstein Death
  • Lawyer for Jeffrey Epstein Survivor, Jennifer Araoz, speaks to NBC News
  • Epstein Wants Out Of Jail, A Lawyer For One Of His Accusers Responds | The Last Word | MSNBC
/

Why Choose Lerner & Lerner, P.C.

We Are With You from Start to Finish
  • Proven Track Record

    Our attorneys are well-known for helping clients identify realistic legal goals and obtain them. We have successfully handled thousands of cases for our clients and will fight tirelessly to ensure your rights are protected.

  • A Trusted Source

    Kimberly Lerner is widely recognized in the news media as a trusted authority on numerous legal topics. She is a featured legal correspondent on a variety of national news programs.

  • Award-Winning Lawyers

    Both Richard Lerner and Kimberly Lerner hold the AV Preeminent* rating from Martindale-Hubbell, the highest distinction given to lawyers in this prestigious peer review.

  • Former Prosecutors

    Our experience as Former Prosecutors allows us to understand the prosecution’s position against our criminal defense clients and leverage practical solutions. We are also backed by 70 years of combined legal experience.

A Team You Can Rely On

Our Father & Daughter Duo Has the Experience You Need

Client Reviews

Dedicated to Client Satisfaction
    Kim was patient/understanding and easy to work with.

    “Professional and knowledgeable, she dissected the situation and researched everything she needed in a matter of minutes. Within an hr after my initial call, she was my representative.”

    - Dan
    There is simply no one else to trust with DWI or other criminal charges in Nassau County than this attorney.

    “Kimberly told me she thought I could get my DWI reduced and and the other charge dismissed or reduced. I was skeptical, but I hired her because I thought she was my best shot at getting out of this alive without a criminal record. She did just that. Months”

    - Rob
    Guided me every step of the way. She's very caring and understanding

    “I was tight on money but she was very patient and never gave up on me. She's a great lawyer and fought for me until I got the lowest penalty. She's extremely informative, reliable and respectful”

    - Yurman
    She is so smart and well respected in the courts.

    “Ms. Lerner handled my situation with such compassion. She is so smart and well respected in the courts. She was able to show the DA the situation without going to trial and my case was dismissed. She does not give up.”

    - B.
    She is so reasonable and will really listen. I strongly recommend her.

    “Kimberly really cares about her clients. She represented me on a DWI case and she really knows her stuff.”

    - Jennifer
/

Protect Your Future

Contact Us 24/7
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.