In New York, DUI-related crimes are treated very seriously. To many people, failing a breathalyzer test is a sure sign that you'll end up facing harsh consequences. Villarini & Henry, L.L.P., suggest against refusing to take a breath analysis test no matter how tempting it may be. Instead, you can focus on the potential errors that breathalyzer tests can give.
Breath analysis tests are a strong tool of law enforcement. However, they aren't always accurate, and they do have some flaws. For example, these tests need to be manually calibrated, allowing room for human error. Their maintenance schedule also depends on the officers. If they're left unattended, their readings can become skewed.
Second, the accuracy of breath analysis tests aren't as solid as other types of test. Blood tests, for example, tend to be held as the paragon of accurate testing for alcohol levels. On the other hand, field sobriety tests are considered the most subjective and easiest to potentially dismiss in court. Breath analysis tests fall somewhere in the middle.
Thirdly, there are plenty of substances that can trigger a "positive" result on a breath analysis test even if you haven't been drinking. Anything that's ingested orally that contains alcohol can trigger a false positive, including certain types of medication, breath mints, mouth wash, and more.
If you are concerned about the results of your breath analysis test, or if you refused to take one, you may want to visit the link here and review DUI laws as related to breathalyzer tests. By knowing what your rights are and how breath analysis tests work in general, you may be able to feel more comfortable about your case.