NASSAU COUNTY DUI DEFENSE LAWYER

 

WILLIAM J. KEPHART, ESQ.

 

CALL 24 HOUR HOTLINE- 516-459-3196

 

THE BREATHALYZER IN NASSAU COUNTY

 

The Nassau County Police Departments use for the most part, the Intoxilizer 5000 to conduct breathelyzer tests of people arrested for DUI in Nassau County. This usually starts with a police officer claiming that he smelled alcohol on a driver’s breath. The whole premise behind the breathalyzer is flawed. These machines claim to be able to detect how much alcohol is in a person’s blood by examining their breath. Think about how ridiculus this is. The only way to ascertain how much alcohol is in someone’s blood, is to actually take blood.

 

So why do the police use these machines? Because its easy and cheap! The machine prints out a neat number for the courts to prosecute people on. These machines drive Nassau County DUI lawyers crazy. I have seen countless cases where the driver is dead sober and the machine says that he is drunk. Additionally, the Blood Alcohol Level of .08 is completely arbitrary. Its just a number politicians could agree on when they drafted the legislation.

 

A few years ago the BAC was .10 but then groups like MADD lobbied and had it reduced to .08. So being judged to be drunk depends on the politics and not how much you have actually had to drink.