Mark J. Sacco PLLC

Facing criminal charges is a frightening experience. Even if you think you've done nothing wrong, trying to talk your way out of a difficult situation with the police can only make things worse. Whether you are accused of drunk driving, fraud or smuggling illegal aliens, talk to a skilled New York criminal defense attorney immediately.

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DWI Attorney in New York: Alcohol Breath Tests May be Unreliable

DWI Attorney in New York: Alcohol Breath Tests May be Unreliable

Alcohol Breath TestsBeing charged with an alcohol-related offense based on an alcohol breath test can be life-changing. Because even a first offense can result in serious consequences, it’s important to retain an experienced DWI attorney as soon as possible. A professional with extensive knowledge regarding drunk driving laws and court procedures can use a variety of resources to build a vigorous defense for you.

Drunken driving is a serious problem in the United States, with millions of Americans arrested every year. Many convictions are supported by alcohol breath tests, either by the side of the road or at the police station. A test result of 0.08 or higher is all it takes for the police to prefer charges. However, these alcohol breath tests, may not be as reliable as previously thought.   

Machine Sensitivity

Alcohol breath testing machines are sensitive, scientific instruments that require proper care. Unfortunately, maintenance standards are not always met, and some personnel lack the expertise necessary to use them correctly. Without proper calibration, test results can be 40 percent higher than they should be.


Because they are not available to the public, procuring alcohol breath testing machines can be a challenge. Even a DWI attorney may be denied access. While generally reliable, some courts have acknowledged that these devices can have mechanical and technical shortcomings that have the potential to produce invalid results. Programming mistakes in the software sometimes lead to skewed or inaccurate results.

Widespread Problems

Additionally, some state forensic labs have been found to have unreliable procedures. Cutting calibration requirements to meet deadlines, destroying documentation and faking records that certify alcohol breath testing machines is not unprecedented. In fact, the protocol misconduct in some cases has been appalling.

Looking for a DWI Attorney?

Are you looking for a DWI attorney to assist an alcohol-related traffic offense in New York, the knowledgeable and talented professionals at the Law Offices of Mark J. Sacco can help. In addition to DWI and traffic offenses, our highly experienced legal team has provided guidance to those charged with immigration crimes, white collar crimes, sex crimes and drug crimes for many years. Regardless of your situation, you can rest easy knowing one of our professionals is on the case.

NY Times Article: These Machines Can Put You In Jail. Don’t Trust Them

Experienced DWI Attorney in New York