1. DWI Lawyer Spring Valley Traffic Stop and Arrest
The incident began late at night when a motorist was traveling through Spring Valley and was observed by law enforcement exceeding the posted speed limit.
The officer initiated a traffic stop based on the alleged speeding violation and subsequently observed signs typically associated with alcohol consumption.
The driver admitted to consuming alcohol earlier in the evening but maintained that they were not intoxicated.
The officer requested the driver to perform standardized field sobriety tests on the roadside.
According to the police report, the driver exhibited clues of impairment during these physical tasks.
Consequently the officer placed the driver under arrest for suspicion of driving while intoxicated and transported them to the station for chemical testing.
Initial Traffic Violation and Investigation
The foundation of any criminal defense in traffic cases begins with the legality of the initial stop and the probable cause for arrest.
In this matter, the client conceded the speeding infraction but contested the subjective interpretation of the field sobriety tests.
The defense argued that environmental factors and nervousness contributed to the alleged performance issues on the roadside tests rather than alcohol impairment alone.
2. DWI Lawyer Spring Valley Charges under New York Law
Upon arrival at the police station the client consented to a chemical breath test using the Intoxilyzer 5000 EN.
The machine registered a Blood Alcohol Content of 0.18 percent.
Under New York Vehicle and Traffic Law Section 1192 subdivision 2-a, a reading of 0.18 percent or higher elevates the charge from standard DWI to Aggravated Driving While Intoxicated.
This charge carries significantly harsher penalties including higher fines and mandatory license revocation periods.
The prosecution relied heavily on this chemical test result as the primary evidence of guilt regarding the per se intoxication charge.
Aggravated Intoxication Statutory Standards
New York Vehicle and Traffic Law establishes strict liability for operating a motor vehicle with a Blood Alcohol Content of 0.18 percent or greater.
This is known as the per se Aggravated DWI rule.
To secure a conviction the prosecution must prove beyond a reasonable doubt that the chemical test result was accurate and that the machine was operating correctly at the time of the test.
The defense focused on the statutory requirement that the breath sample must be representative of deep lung air and free from contamination.
3. DWI Lawyer Spring Valley Scientific Evidence Challenge
The critical turning point in this case was the discovery that the client had chewing tobacco in their mouth during the traffic stop and the subsequent breath test.
A DWI Lawyer Spring Valley identified this fact during the discovery phase and prepared a defense based on the concept of mouth alcohol contamination.
The defense retained Mary McMurray as a forensic toxicology expert to explain the scientific mechanics of breath testing to the jury.
The defense argued that the presence of tobacco trapped raw alcohol in the mouth which caused the Intoxilyzer 5000 EN to read a falsely high concentration.
Breath Test Reliability and Contamination
New York regulations require law enforcement to observe a subject for a specific period before administering a breath test to ensure nothing is placed in the mouth and no foreign objects remain.
The expert witness testified that chewing tobacco creates pockets in the oral cavity that can retain alcohol vapor.
When the subject blows into the machine this residual mouth alcohol mixes with the breath sample.
This contamination causes the device to register a reading that reflects the alcohol in the mouth rather than the alcohol in the blood.
Expert Testimony on Forensics
Expert provided detailed testimony regarding the limitations of the Intoxilyzer 5000 EN.
She explained that while the machine has slope detectors designed to identify mouth alcohol they are not infallible.
The expert demonstrated that the absorbent nature of chewing tobacco acts as a reservoir for alcohol which mimics the chemical signature of deep lung air.
The defense argued that this contamination raised reasonable doubt regarding the reliability of the 0.18 percent reading.
4. DWI Lawyer Spring Valley Court Verdict and Analysis
The case proceeded to a jury trial where the prosecution argued that the machine was calibrated and functioning properly.
However the defense successfully shifted the focus to the specific conditions of the test administration.
The jury had to determine whether the chemical test result was proof beyond a reasonable doubt given the expert testimony regarding the chewing tobacco.
Jury Deliberation and Final Verdict
After reviewing the evidence and the expert testimony the jury concluded that the prosecution failed to meet its burden of proof.
The jurors accepted the defense argument that the chewing tobacco created a reasonable doubt regarding the accuracy of the 0.18 percent BAC reading.
Consequently the jury returned a verdict of Not Guilty acquitting the client of the Aggravated DWI charges.
This case underscores the importance of careful scientific review in defending against alcohol-related traffic charges.
19 Feb, 2026
