Can I Suppress the Reading of My Chemical Breath Test?
In New York, there are a number of ways to suppress a chemical breath test and prevent it from being used at trial. The most common mechanism is to due a hearing where the officer has to testify that there was requisite probable cause to arrest you and request that you provide a breath sample.
If the officer lacked the requisite cause to ask you to blow or to arrest you, then the breath reading would be considered the “fruit of the poisonous tree,” and the government will not be able to use the reading against you.
To learn whether your breath reading can be suppressed, contact Nassau County DWI attorney Richard Hochhauser.