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In New York, operating a motor vehicle with a blood alcohol content (BAC) of .08% is illegal. Drivers who test over this legal limit may be arrested and charged with driving while intoxicated. To determine your BAC, you may be asked to take a breathalyzer test. If you were recently charged with drunk-driving after failing the New York breathalyzer test, you should consider hiring an experienced DWI lawyer to help fight the serious charges against you.

In order to administer the New York breathalyzer test, the police officer will ask you to blow into a plastic tube attached to the breath-testing unit until asked to stop. The breathalyzer then analyzes the alcohol in your breath to determine your BAC. Depending on the breath-testing machine, the results will either print out or show up on the screen. It is important to remember that these brethalyzer machines simply do not work. All they do is spit out a number and that is what the state uses to prosecute innocent people.

While testing over the legal limit on a breathalyzer may be damaging to your case, it is not a lost cause. Several arguments can be made.Was the machine properly maintained and calibrated? Was the officer properly trained on how to administer a breath test? Thes questions are even more important the closer you get to trial. If you or a loved one is facing a DWI charge in Queens, contact The Law Offices of Michael S. Discioarro, LLC at 917-519-8417 and let us prepare a defense for you.