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Not all breath tests are foolproof

Many people falsely assume that breath tests are always accurate; however, that is far from the case. In fact, there are several reasons why a breath test might give false high results. The implied consent laws in New York state that you must consent to a breath test if you are instructed to do so by a law enforcement officer. If you fail to comply, you can face criminal charges and the suspension or loss of your driver's licenses. So, what are you supposed to do since the test isn't always accurate?

There isn't a one-size-fits-all answer to that question. You have to weigh your options at the time of the requested test. Learning some basic facts might help you to be better prepared to make a decision about the breath test. Try to remember everything that happens so we can scrutinize those events as part of your defense.

Breath tests typically assume that there is a 2100:1 partition ratio for the breath given in the test to the weight of alcohol. The issue with that ratio is that not everyone has the same partition ratio. The ratio can vary from 1300:1 to 3100:1. People who have a partition ratio that is lower than the standard 2100:1 partition ration would have false high results.

This means that a person who has a 1500:1 partition ratio would show a BAC of .10 percent, but a person with a 2100:1 partition ratio would show a BAC of .07 percent. This is a problem that is especially troublesome for women because they tend to have a lower partition ratio.

If you are facing charges for refusing to take a breath test because you know about the inaccuracies, we can review your case and discuss your defense options with you. The same is also true if you opted to take the breath test and ended up facing criminal charges.

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