Suffolk County DWI Defense Attorney Jason Bassett Explains Evidence Required for DWI Convictions in New York

CENTRAL ISLIP, NY - Motorists charged with Driving While Intoxicated in New York face prosecution that must prove impairment through specific evidence including Blood Alcohol Content test results, field sobriety tests, and officer testimony. Suffolk County DWI defense attorney Jason Bassett of the Law Offices of Jason Bassett, P.C. (https://jbassettlaw.com/evidence-needed-for-a-dui-conviction/) explains what evidence prosecutors rely on and how that evidence can be challenged in court.

According to Suffolk County DWI defense attorney Jason Bassett, Blood Alcohol Content measurements serve as the primary evidence in most DWI prosecutions. New York Vehicle and Traffic Law 1192 establishes the legal limit at 0.08% for most drivers, while commercial drivers face a stricter 0.04% threshold. BAC testing employs three primary methods: blood tests that directly measure alcohol concentration in the bloodstream, breath tests using breathalyzer devices to estimate BAC based on breath alcohol content, and urine tests that detect alcohol metabolites over extended periods.

Suffolk County DWI defense attorney Jason Bassett emphasizes that BAC test accuracy depends on proper calibration, operator training, and testing conditions. New York regulations require approved breath-testing instruments to be maintained and calibrated at least annually or as recommended by the manufacturer. When law enforcement agencies fail to comply with these requirements or maintain inadequate records, defense attorneys can challenge the reliability of test results. Blood and urine testing equipment also requires proper calibration and maintenance to produce accurate measurements.

"Multiple factors can produce inaccurate BAC results," Bassett explains. "Diabetes and diabetic ketoacidosis can cause elevated levels of acetone and other ketones in breath that some devices misread as alcohol." Certain diets, medical treatments, and environmental factors such as chemical fumes or solvents near the testing area can interfere with breath tests and produce falsely elevated readings.

Field sobriety tests represent another category of evidence commonly used in DWI prosecutions. Attorney Bassett notes that the National Highway Traffic Safety Administration has validated three standardized tests: the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand. Law enforcement officers also administer non-standardized tests such as the Romberg Balance Test and Finger to Nose Test. These exercises measure balance, coordination, and the ability to follow instructions.

Even NHTSA-approved tests can be affected by factors unrelated to alcohol consumption. Bassett points out that uneven road surfaces, poor weather conditions, physical injuries or disabilities, and subjective officer judgment all influence test results. Unlike chemical tests, New York law does not require motorists to participate in field sobriety tests, though refusal may be presented at trial as consciousness of guilt.

"Video evidence from dashboard cameras, body cameras, and surveillance systems has become increasingly important in DWI cases," notes Bassett. This footage captures driving behavior, interactions with officers, and field sobriety test administration. When video shows inconsistencies with police reports or suggests that tests were explained or administered incorrectly, it can provide powerful defense evidence.

Witness testimony plays a significant role in case outcomes. The arresting officer's testimony typically describes driving behavior, physical appearance, field sobriety test performance, and preliminary breath test results. Suffolk County DWI defense attorney Jason Bassett uses cross-examination to uncover inconsistencies in officer statements, potential biases, or factors affecting observations such as poor visibility or inadequate training. Civilian witnesses who observed events before or during the arrest can provide testimony that contradicts prosecution claims or demonstrates alternative explanations for observed behavior.

Police reports document the circumstances of DWI arrests and serve as the formal record of the incident. These reports describe the reason for the traffic stop, officer observations, field sobriety test results, and environmental conditions. Defense attorneys examine these reports for missing details, contradictions, or procedural errors that may indicate rights violations or unreliable officer conclusions.

Several legal defenses can challenge DWI charges in New York. Procedural defenses focus on the legality of the arrest process and protection of constitutional rights. If law enforcement failed to read Miranda rights at the appropriate time, certain statements may be inadmissible. Administrative errors related to BAC testing or failure to follow standardized procedures for sobriety testing can also provide grounds for challenging charges.

Substantive defenses contest the factual basis of the charges. "We can argue that a client was not actually impaired or that external factors contributed to the appearance of impairment," advises Bassett. "Physical disabilities or medical conditions sometimes mimic symptoms of intoxication." Defense attorneys can also contest the accuracy of chemical tests by questioning the time between arrest and test administration or providing alternative explanations for the presence of alcohol in the system.

Sample integrity and chain of custody documentation are critical elements of BAC evidence. Blood and urine samples must be properly stored and preserved. Contamination, improper storage temperatures, or testing delays can cause fermentation or degradation that alters alcohol concentration. Every person who handles the sample must be documented in the chain of custody, and any break or ambiguity in this documentation provides grounds for questioning the sample's authenticity.

New York's implied consent law under Vehicle and Traffic Law 1194 requires drivers to submit to chemical testing when lawfully arrested for DWI. Refusing a chemical test triggers automatic license suspension and can be used as evidence at trial. The consequences of refusal are often as serious as the DWI charge itself.

Individuals facing DWI charges in Suffolk County carry serious consequences including fines, license suspension, and potential incarceration. Prosecutors must prove every element of the charge beyond a reasonable doubt. Errors in BAC testing, improper field sobriety test administration, and violations of constitutional rights can all affect case outcomes. For those facing DWI charges, consulting with an experienced criminal defense attorney may provide opportunities to challenge prosecution evidence and protect driving privileges.

About Law Offices of Jason Bassett, P.C.:

Law Offices of Jason Bassett, P.C. is a Central Islip-based law firm dedicated to criminal defense with a focus on DWI and traffic offenses throughout Suffolk County and Nassau County. Led by attorney Jason Bassett, a former prosecutor with over 21 years of criminal law experience, the firm represents clients in Suffolk County Court, district courts, and town courts throughout Long Island. For consultations, call (631) 259-6060.

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Email: bassettlaw@live.com

Website: https://jbassettlaw.com/

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