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.

Challenging Breath Test Results 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 DWI charge by challenging the breath test, whether you took it on the roadside or at the station. Common reasons for challenging a breath test include:

  • Were proper procedures followed with regard to the administration of the test?
  • Was the breathalyzer machine properly maintained?
  • Did a police officer abide by the waiting period before giving you a breath test?
  • Did a police officer make sure that your mouth was 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.

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, 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.

Protect Your Rights — Contact A Criminal Defense Lawyer

The consequences of a failed breath or blood test can change the rest of your life. As a former prosecutor, I also know how the other side evaluates breath test evidence, and use this insider knowledge to prepare a strong and aggressive defense on your behalf.

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.

Learn More:

Collateral Consequences of a Criminal Conviction