Press release
Long Island DWI Lawyer Jason Bassett Discusses the Role of Breathalyzers in DWI Cases
For those who find themselves subjected to a breathalyzer test during a DWI stop, it is essential to recognize that the results of these tests can significantly impact their case. Long Island DWI lawyer Jason Bassett explains that breathalyzers work by measuring the alcohol concentration in a person's breath and converting that reading into an estimated BAC level. However, these tests are not foolproof, and their reliability can be affected by various factors, including improper calibration, external interference, and the individual's physiological state.
Being charged with DWI on Long Island can have serious consequences, including license suspension, heavy fines, and even jail time. Long Island DWI lawyer Jason Bassett emphasizes that the results of a breathalyzer test are often a primary piece of evidence in these cases, but they are not always indisputable. Errors in testing procedures, device malfunctions, and external factors can all contribute to inaccurate BAC readings, making it possible to challenge these results in court.
Breathalyzers operate on the principle that alcohol in the bloodstream is expelled through the lungs. When a person exhales into a breathalyzer, the device measures the amount of alcohol in their breath and converts it into a BAC reading. Different breathalyzer models use various technologies, including chemical reactions, infrared spectroscopy, and fuel cell technology, to determine alcohol levels.
Long Island DWI lawyer Jason Bassett highlights that while these devices are widely accepted in law enforcement, they are not immune to errors. Breathalyzers must be properly maintained and calibrated to ensure accurate readings. Even when a device is functioning correctly, factors such as residual alcohol in the mouth, medical conditions, or improper administration of the test can skew results.
New York State has specific BAC thresholds that determine the severity of a DWI charge. On Long Island, drivers over the age of 21 can be charged with DWI if their BAC is 0.08% or higher. For commercial drivers, the limit is lower at 0.04%, while drivers under 21 face strict penalties for BAC levels above 0.02%.
A key concern in DWI cases is the reliability of breathalyzer results. Long Island DWI lawyer Jason Bassett notes that while a BAC reading of 0.08% or higher can lead to an arrest, it does not automatically result in a conviction. The accuracy of the breathalyzer test and the procedures followed during its administration can be challenged in court, particularly if there is reason to believe that errors occurred.
Long Island DWI lawyer Jason Bassett explains that drivers have the right to contest breathalyzer results if there is reason to believe that the test was not conducted properly. "The science behind breathalyzers is well-established, but that does not mean these devices are infallible. A breathalyzer reading alone should not determine the outcome of a DWI case without careful scrutiny of the evidence," says Bassett.
Defense strategies in DWI cases often involve reviewing the calibration and maintenance records of the breathalyzer device, examining whether the officer followed proper procedures, and identifying any external factors that could have affected the test results.
Under New York's implied consent laws, drivers who refuse to take a breathalyzer test face immediate penalties, including license suspension and substantial fines. However, refusing a test does not prevent law enforcement from pursuing a DWI charge. Instead, it can be used as evidence in court to suggest that the driver was aware of their impairment.
Long Island DWI lawyer Jason Bassett advises that while breathalyzer results can be challenged, refusing the test carries its own risks. Drivers who decline to take the test may still be charged with DWI based on other observations made by the arresting officer, such as erratic driving behavior or failing a field sobriety test.
Understanding how breathalyzers work and their role in DWI cases can be vital for anyone accused of driving under the influence. Legal assistance can help individuals manage the complex aspects of their case, challenge questionable evidence, and work toward the best possible outcome.
About the Law Offices of Jason Bassett, P.C.:
The Law Offices of Jason Bassett, P.C. is dedicated to defending individuals facing DWI and other criminal charges on Long Island. Led by Long Island DWI lawyer Jason Bassett, the firm can provide strategic legal representation tailored to each client's unique situation. With a focus on thorough case evaluation and strong advocacy, the firm works to protect the rights and futures of those accused of criminal offenses.
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