The fate of some tests for blood alcohol concentration has been in the hands of the United States Supreme Court. Three cases that were presented to the Supreme Court called the implied consent laws into question based on the United Constitution's Fourth Amendment ban...
Breath Test Refusal
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...
Breathalyzers might give false results in some cases
There are several factors that can affect the results of a Breathalyzer test. This means that just because you have a result that shows a blood alcohol concentration that is at or above the legal limit, you aren't necessarily intoxicated. Still, some law enforcement...
Refusal to blow can have serious penalites
We live in the land of the free; however, even a free country has laws. One of the laws in New York that must be followed is the law of implied consent. This law means that when you get a driver's license, you agree to take a breath test if you are asked to do so by a...
Fight against the penalties of a breath test refusal
When you accept a driver's license in New York, you are agreeing that you will submit to tests to determine your blood-alcohol concentration if you are stopped for the suspicion of drunk driving. If you fail to submit to the test, you can face penalties. We know that...
Breathalyzer sensor type can affect test accuracy
In our previous post, we discussed the methods that are available for testing blood alcohol concentration. One of these, the Breathalyzer test is the most commonly used. That is due to the ease of use. Blood tests must only be done in a clinical or hospital setting....
What are the types of blood alcohol content testing?
Blood alcohol content is a measure of how much alcohol is in your body; it is also referred to as a BAC. Each state in the country applies various charges related to driving while intoxicated based on how high your BAC limit is if law enforcement tests it. In most...
All criminal charges, including DUI charges, have defense options
Criminal charges related to a drunk driving stop can vary greatly. It is possible for a person to be pulled over because of a suspicion of driving drunk and then end up facing a slew of other charges. We know that facing a bunch of criminal charges isn't something...
What are sobriety checkpoints and how are they conducted?
Sobriety checkpoints are a source of much debate. These checkpoints serve the important purpose of keeping people who are drunk while driving from being able to harm others through unsafe driving. The reason for the debate is that some people feel that certain people...
False high breath test results can lead to DWI charges
In our blog post last week, we discussed how the Breathalyzer test is sometimes faulty because they aren't properly calibrated. That, however, is only one of the issues that might render a Breathalyzer test faulty. There are several other factors that can affect the...
