What are the common defenses used to challenge a breathalyzer test?

One of the most common defenses used to challenge a breathalyzer test in New York is to challenge the accuracy of the test. This defense can be used to question the validity of the test and its reliability for measuring a person’s alcohol concentration. To do this, the defense can present evidence that the breathalyzer was not properly calibrated or maintained or that the operator was not adequately trained, which would result in an erroneous result. Another defense is to challenge the administration of the test. This defense may argue that the officer administering the test did not follow the proper protocol for the testing procedure or that the test was administered in violation of constitutional rights. Yet another common defense is to challenge the credibility of the officer administering the test. This defense may include attacking the officer’s qualifications or experience with operating the breathalyzer or that the officer had a biased opinion which influenced the test results. Finally, impeding defenses can be used to challenge a breathalyzer test. This defense results from evidence that the defendant was unable to provide a sufficient sample for the breathalyzer to work, such as coughing, not providing a sufficient amount of breath, or having medical conditions that could interfere with the results of the test.

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What are the common defenses used to challenge a breathalyzer test?

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