DiLorenzo & Rush | Counselors of Law
New Jersey 201-212-4027 or New York 718-537-9885
DiLorenzo & Rush | Counselors of Law
New Jersey: 201-212-4027
New York: 718-537-9885
Stepping Up & Standing Out
Contact Us
  1. Home
    2.  » 
  2. Criminal Defense
    3.  » 
  3. DUI / DWI
    4.  » Challenging The Breathalyzer Alco Test

DUI Defense Attorneys – New York And New Jersey

Former Public Defender And Prosecutor

All too often, people who are arrested for a DUI or DWI simply throw their hands up in the air and give up. They assume that because they blew a .08 or higher, they have no defense to a DUI/DWI charge.

At DiLorenzo & Rush, we have helped many clients in New Jersey and New York fight drunk driving charges. Even if your blood alcohol concentration (BAC) was over .08, we can help.

Get A Zealous Defense

If retained to handle your DUI or DWI case, we will immediately set to work to create a powerful defense on your behalf. We will analyze the evidence to determine if your rights were violated. We will scrutinize the prosecution’s evidence to seek the best possible result on your behalf – by trial or by a negotiated plea agreement.

We will ask these and other vital questions on your behalf:

  • Did the officer have a right to stop your vehicle?
  • Did the officer properly calibrate and perform the breathalyzer test?
  • Did the officer properly conduct the roadside/field sobriety tests?
  • Did the officer have sufficient cause to make an arrest?

To learn more about how we fight DUI/DWI charges, contact our law offices in the Bronx or Hackensack, New Jersey.

Challenging The Breathalyzer Test

There are many defenses we can raise if you tested at a .08 or higher. First, we can determine if law enforcement had a right to make a valid car stop and/or arrest. Since the police are supposed to perform the breathalyzer test after arrest, we can seek the suppression of breathalyzer test results and perhaps even a charge dismissal if the police had no basis for a valid car stop and/or arrest.

Second, we can challenge the results of the field sobriety test. In many cases, we are able to obtain a copy of the video footage of a client’s field sobriety test. Since many police officers have dash cameras on their patrol cars, video footage may be available which we can demand through discovery. If you performed well on your field sobriety test, we can argue that the breathalyzer machine must have been mistaken (since you were walking and demonstrating a level of balance that implies that you were not intoxicated).

Third, if your case requires trial, we may be able to challenge the results of the breathalyzer test from a scientific standpoint by questioning the way it was administered. In blood test cases, we also have the capacity to have your sample tested by an expert who may be in a position to question the veracity of the police lab blood test results.

Contact Us

To speak with a DUI defense lawyer at our firm about a charge in New York or New Jersey. Call 718-537-9885.call for our New York office and 201-212-4027 in New Jersey.