Content on this page requires a newer version of Adobe Flash Player.

Get Adobe Flash player


The New York City Police department uses for the most part, the Intoxilizer 5000 to donduct breathekyzer tests of people arrested for DWI DUI in Staten Island. This usually starts with a police officer smelling alcohol on a driver’s breath. The machines used in Staten Island are notoriulsy malfunctionining. One specific machine has been taken in and out of service several times. The whole premise behind the breathelyzer 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 Staten Island DWI 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. These machines must be challenged in court in order for the results to be thrown out. Contact the Law Offices of Michael S. Discioarro at 917-519-8417 to protect your rights.