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Breath & Blood Tests

White Plains Breath and Blood Test Lawyer

Manhattan Attorney Defending Breathalyzer Refusal Cases

Breath tests and blood tests are often improperly administered and the equipment used to complete a test can malfunction. When your arrest was made on the basis of an illegal or improper breath or blood test, the Law Firm of Michael S. Berardino, formerly Mangialardi & Berardino can help you fight the charge.

From my law firm in New York, I defend against all types of crimes, including DUI/DWI, drug crimes, sex crimes and traffic violations in the New York City area. Contact my office to speak with and experienced attorney familiar with all the intricacies of breath, blood, and urine tests as they pertain to how they are administered and subsequently used against you.

Breath Tests in New York

If you were pulled over for suspicion of driving under the influence of drugs or alcohol, the officer likely requested that you take a roadside breath test. After the stop, you may refuse the breath test. Refusing the breath test, however, results in an immediate consequence, including the loss of your license. This roadside, or Alco-Sensor test, is only one type of breath test administered by the police. You have the absolute right to refuse taking any breath, urine or blood test, however such a refusal could result in immediate suspension of your right to drive.

I can challenge your drunk driving charge by challenging the breath test, whether you took it on the roadside or at the station. I will take the time to evaluate your breath test to determine whether the proper procedures were followed. Officers must allow a waiting period before giving you a breath test, and they must make sure your mouth is clear of other objects, food or drinks. When officers don't follow these strict procedures, challenges to certain evidence are made and the possibility of dismissal of the charges against you is increased.

Breath tests can also be challenged by calling the Breathalyzer equipment into question. If the machine wasn't properly maintained, calibrated or used, the results of the test may be thrown out for a lack of reliability. I research the machine to see whether there are issues that may allow us to fight the test and the equipment.

I understand the consequences facing individuals, as well as commercial drivers, after a failed breath test. The consequences can change the rest of your life, which is why I work so hard to protect your livelihood, your rights and your freedom. As a former prosecutor, I also know how the other side will evaluate the breath test evidence, and I use that information to prepare a strong and aggressive defense on your behalf.

Blood Tests in New York

In certain cases involving the alleged use of alcohol or controlled substances (drugs) the police can seek to obtain a blood test from an individual who is facing a potential criminal charge. The police can also petition the court to obtain a search warrant for your blood if you refuse to consent to having blood taken. It is imperative that you or your family contact an experienced criminal defense firm such as The Law Firm of Michael S. Berardino, formerly Mangialardi & Berardino to explain the consequences of consenting to such a test.

Before you agree to a blood test, you want an attorney who will protect your rights. I help you understand the effect of a test and vigorously work to prevent the harm that can occur by taking a test before you fully understand how it will affect your case.

Contact a Criminal Defense Lawyer at The Law Firm of Michael S. Berardino, formerly Mangialardi & Berardino

If you have been charged with a crime because of a breath or blood test in the New York City area, contact The Law Firm of Michael S. Berardino as soon as possible, locally at 212-983-5677 or 914-618-4167, or Toll Free at 877-776-5584. I believe in defending your rights and your freedom.

Learn More:

Collateral Consequences of a Criminal Conviction


I serve clients throughout the New York metropolitan area, including New York City, White Plains, Tarrytown, Dobbs Ferry, Tuckahoe, Elmsford, Yonkers, New Rochelle, Greenburgh, Scarsdale, Ardsley, Hastings on Hudson, Rye, Mount Pleasant, Harrison, Bronx, Brooklyn, Queens, Manhattan, Staten Island, Long Island, Mount Vernon, Westchester County, Rockland County, Orange County, Putnam County, and Dutchess County.

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