Law enforcement often relies on breath-testing devices such as the Breathalyzer or Intoxilyzer to measure a suspected drunk driver's blood alcohol content. The test results can be admitted in court as evidence that the suspect was operating a motor vehicle in violation of New York's DWI laws.

However, many have questioned the validity of these test results. New York DWI lawyers and defense attorneys throughout the country have challenged the admissibility of breath test evidence on the grounds that the machines often malfunction and give inaccurate readings.

The Florida Department of Law Enforcement recently tried to put this controversy to rest by conducting their own study of the machines' effectiveness - they spent over $300 on liquor and paid 15 state employees to get drunk on the clock.

The FDLE recruited crime analysts, assistants and police officers to participate in the study, which cost $8,000 and was organized in just three days.

The participants drank enough alcohol to become intoxicated, then blew into the state's breath-testing devices. They then had their blood drawn and sent to a lab to verify the testing machine's accuracy. The whole study was recorded by video camera.

Courts Won't Accept Results as Evidence

The FLDE reported the "study's" findings at a court hearing in December. It said the experiment proved the machines were accurate.

However, the judges didn't agree. They noted that the experiment did not follow the protocols of scientific testing and may not be statistically valid. Further, the department's blood work was still being processed at the time of the hearing.

It is doubtful that the controversy over the accuracy of Breathalyzer, Intoxilyzer and other breath testing machines will be put to rest any time soon. In the meantime, New Yorkers who are arrested for DWI need to enlist the help of an experienced attorney who can challenge suspect blood-alcohol testing results.

If you have been charged with driving while intoxicated, contact a New York DWI defense attorney who can help protect your rights.

Source: The Post-Standard, "Florida Pays State Employees for Drinking Party to Test Breathalyzers," Geoff Herbert, Jan. 23, 2012.