Driving while intoxicated (DWI) is a serious offense in Buffalo. A conviction can result in fines, license suspension, and even jail time. One of the key pieces of evidence in a DWI case is the blood alcohol test, which measures the amount of alcohol in a driver’s bloodstream. However, these tests are not foolproof, and it is possible to challenge the results in court.
If you have been charged with a DWI in Buffalo, it is important to understand your rights and options. One of the most effective ways to challenge a blood alcohol test is to work with an experienced DWI defense attorney. They can review the evidence in your case and determine whether the test was administered properly and whether the results are reliable.
Here are some common ways to challenge blood alcohol test results in Buffalo:
Improper administration of the test – Blood alcohol tests must be administered in a specific way to ensure accurate results. If the test was not administered properly, the results may be unreliable. For example, if the equipment was not properly calibrated, or the technician who administered the test was not properly trained, the results may be challenged.
Contamination of the sample – Blood alcohol tests rely on a sample of the driver’s blood, which can be easily contaminated. If the sample was not properly collected or stored, or if it was contaminated in any way, the results may be challenged.
Medical conditions or medications – Certain medical conditions or medications can affect the accuracy of blood alcohol tests. For example, if a driver has diabetes, or if they are taking certain medications, the test results may not accurately reflect their level of intoxication.
Rising blood alcohol levels – Blood alcohol tests are not always conducted immediately after a driver is pulled over. If there is a delay between the time of the stop and the time of the test, it is possible that the driver’s blood alcohol level increased during that time. This is known as a “rising blood alcohol defense,” and it can be used to challenge the test results.
Breathalyzer calibration – Breathalyzer tests are commonly used to measure blood alcohol levels in Buffalo. However, these tests must be properly calibrated to ensure accurate results. If the breathalyzer was not calibrated properly, the results may be challenged.
It’s important to note that challenging blood alcohol test results is just one of many possible defenses in a DWI case. Other defenses might include challenging the legality of the traffic stop, or arguing that the police did not have probable cause to arrest you.
It’s also worth noting that even if the blood alcohol test results are not admissible in court, there may be other evidence that the prosecution can use to build a case against you. For example, they may rely on testimony from police officers or eyewitnesses, or they may use dashboard camera footage or other types of evidence. The key to a successful defense in a DWI case is to work with an experienced attorney who understands the intricacies of the law and the science behind blood alcohol testing. Your attorney can help you understand your options and develop a strategy that is tailored to your specific situation.
If you have been charged with a DWI in Buffalo, it’s important to act quickly. The penalties for a conviction can be severe, and the sooner you begin working on your defense, the better your chances of achieving a positive outcome. Contact a DWI defense attorney today to learn more about your rights and options.
Challenging blood alcohol test results is a complex and technical process that requires the expertise of an experienced DWI defense attorney. If you have been charged with a DWI in Buffalo, it is important to seek legal advice as soon as possible. Your attorney can help you understand your rights, options, and the best strategies for challenging the evidence against you.
Arthur L. Pressman, Attorney at Law is an experienced DWI defense attorney who can help you if you are facing a DWI charge in Buffalo, New York. Here are some of the ways that he can assist you in your case:
- Legal expertise: Arthur Pressman has years of experience practicing law in New York, and he has a deep understanding of the state’s DWI laws. He can help you understand the charges against you and the potential consequences of a conviction.
- Personalized attention: Arthur Pressman provides each of his clients with personalized attention and care. He will work closely with you to understand your situation and develop a defense strategy that is tailored to your unique needs.
- Investigation: Arthur Pressman will conduct a thorough investigation into your case, including reviewing police reports, interviewing witnesses, and analyzing any evidence that has been collected. This can help him identify any weaknesses in the prosecution’s case and develop a strong defense on your behalf.
- Negotiation: Arthur Pressman is a skilled negotiator and can work with the prosecution to negotiate a plea deal or reduced charges. He will always prioritize your best interests and work to achieve the best possible outcome for your case.
- Trial representation: If your case goes to trial, Arthur Pressman will provide aggressive and effective representation in the courtroom. He has extensive trial experience and will fight tirelessly to defend your rights and protect your future.
If you are facing a DWI charge in Buffalo, New York, it’s important to have a strong and experienced attorney on your side. Contact Arthur Pressman today to learn more about how he can help you with your case.