Recently, a 26-year old man in White Plains was pulled over by police on suspicion of driving under the influence. The driver was allegedly found by law enforcement sleeping on the wheel of his car, which was parked three feet from the curb with the engine running.

The man allegedly failed a field sobriety test after being woken up and refusing to take a Breathalyzer test at the scene, after which he was arrested for DUI. The man changed his mind at the police station, however, declaring that he was not intoxicated and wanted to take a Breathalyzer. His blood alcohol content was reportedly found to be 0.18, and he was charged with the misdemeanor of aggravated driving while intoxicated.

Breathalyzer tests are commonly used by police to measure the blood alcohol content of a suspected drunk driver. They are taken using machines that measure the amount of alcohol on a driver’s breath. While generally thought of as accurate, these machines are not failsafe. If they are improperly calibrated, for example, they may take an inaccurate measurement of the blood alcohol content of a motorist, and result in a mistaken arrest for driving under the influence.

Anyone accused of a DUI offense has the legal right to an aggressive criminal defense and a presumption of innocence until guilt is proven beyond a reasonable doubt. Defendants in such cases have the right to question witnesses, dispute the admissibility of evidence, and challenge the accuracy of any Breathalyzer tests administered. If the results are found to be inaccurate, the charges may be reduced or thrown out entirely. Anyone accused of drunk driving has the constitutional right to defend themselves in the legal arena.

Source: The Journal News, “White Plains cops: Suspect changes his mind, takes DWI test, fails,” Richard Liebson, Sept. 16, 2013