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DWI Breath Test in Nassau County, NY

If your DWI case involves breath testing, then contact an attorney at the Law Office of Stephanie Selloni. Fighting for the best result means having an attorney experienced in attacking the accuracy and reliability of the breathalyzer test results (often called the “BAC” or “BrAC”). Stephanie Selloni also represents clients in DWI cases in Nassau County after an alleged refusal to take a chemical test including a blood test or breath test. 

Certain devices are given a presumption of reliability including the Intoxilyzer S-D2. Those devices entitled to the presumption of reliability are listed by the New York State Department of Health to determine as reliable for use under VTL 1194(4)(c). For those devices, the prosecutor gets a shortcut at trial to admit the results because there is no need for expert testimony as to the accuracy and reliability of the device as a predicate for the admissibility at trial of any test results from that device.

Types of Drunk Driving Charges in Nassau County

New York’s state vehicle and traffic law in Article 31 Section 1192 prohibits operating a motor vehicle while under the influence of alcohol or drugs. Different types of charges for alcohol-related crimes include:

  • Driving While Intoxicated under Section 1192.2 or 1192.3 for BAC .08 or higher
  • Aggravated Driving While Intoxicated under Section 192.2-a for a BAC of .18 or higher

New York’s Jury Instructions on the Breath Test

Your DWI attorney will fight to suppress or exclude any mention of the breath test. If the court allows evidence of blood-alcohol content at trial, then special jury instructions are usually given. The standard jury instructions on this topic provide:

“In this case, the device used to measure blood alcohol content was (specify).  That device is a generally accepted instrument for determining blood alcohol content. Thus, the People are not required to offer expert scientific testimony to establish the validity of the principles upon which the device is based.

If you find from the evidence that there was less than .08 of one percentum by weight of alcohol in defendant’s blood while [he/she] was operating the motor vehicle, you may, but are not required to, find that [he/she] was not in an intoxicated condition.


Evidence by a chemical test of breath, blood, urine, or saliva that there was less than .08 of one per centum by weight of alcohol in the defendant’s blood is prima facie evidence that the defendant was not in an intoxicated condition.

In considering the accuracy of the results of any test  given  to  determine  the  alcohol  content  of defendant’s blood you must consider:

  • the  qualifications  and  reliability  of  the person who gave the test;
  • the lapse of time between the operation of the motor vehicle and the giving of the test;
  • whether  the  device  used  was  in  good working  order  at  the  time  the  test  was administered; and
  • whether the test was properly given.

Evidence that the test was administered by a person possessing a valid New York State  Department  of  Health  permit  to administer such test allows, but does not require, the inference that  the test was properly given.

Finding a Breath Test DWI Attorney in Nassau County, Long Island, NY

If you were arrested for DWI or DWAI and submitted to a breath test, then you need a criminal defense attorney experienced in fighting these types of cases. Stephanie Selloni is experienced in fighting the DWI breath test case to show problems with the accuracy and reliability of the breath testing instrument used in your case. 

You must act quickly after the DWI arrest to protect all of your rights. You must worry about any administrative action taken against your driver’s license during the license revocation hearing at the DMV and the criminal case at the courthouse.

Call an experienced DWI Attorney in Nassau County to discuss your case today.