Many people feel that if they fail a field sobriety test and have a blood alcohol concentration (BAC) that is over the legal limit, then they are automatically guilty of drunk driving. However, a DWI is still a criminal charge, and the prosecution is still obligated to prove its claims beyond a reasonable doubt.
There are a number of opportunities to challenge the results of Breathalyzer and field sobriety tests to help limit the potential penalties that can result from a drunk driving charge.
Brooklyn Field Sobriety Test Defense Attorney
I am attorney Wilson LaFaurie. I have helped defend the rights of individuals throughout the five boroughs and Long Island in more than 1,000 criminal cases. As a former prosecutor, I understand how these cases are tried and how to build a strong defense.
DWI/DUI Coordination Tests Are Unreliable
If a police officer pulls you over and suspects that you have been drinking, he or she will ask you to perform a series of coordination, or field sobriety, tests. He or she is then supposed to use the results as preliminary evidence as to whether you may be over the legal limit.
These tests are notoriously subjective and unreliable. According to the training manual used by the officers themselves, one of the tests, if performed under the best conditions, is reliable only 77% of the time. Other tests fare even worse. I will attack the results of the tests to help show that your DUI/DWI/drunk driving arrest was not supported by the evidence.
Attacking the Results of Breathalyzer Tests
Although somewhat more reliable than field sobriety tests, Breathalyzer readings are far from foolproof. If the machine is not properly calibrated, the reading may not be accurate. The officer administering the test may not have had proper training. Burping immediately before submitting to the test may skew the results. Medical conditions, such as acid reflux, may result in a higher reading.
I will thoroughly investigate the results of your Breathalyzer test and attack the readings at every turn. A tiny difference of .01 in your BAC can mean the difference between conviction and acquittal, or a misdemeanor instead of a felony charge. You can rely on me to help mitigate your potential penalties.
Free Consultation With a NYC Breathalyzer Test Defense Lawyer
Failing a coordination and breath test does not mean that you are automatically guilty of drunk driving. I can help you fight back. Contact me online or call (718) 215-9182 to schedule a free initial consultation to discuss your case. Se habla español.