People v. Alvarez, 70 N.Y.2d 375 (1987)
The Due Process Clause of the New York State Constitution does not require police to collect and preserve a second breath sample during a DWI arrest for later independent testing by the defendant.
Summary
This case addresses whether the New York State Constitution requires police to preserve a second breath sample for defendants in drunk driving cases, allowing for independent testing. The Court of Appeals held that it does not, aligning with the U.S. Supreme Court’s decision in California v. Trombetta. The court reasoned that the reliability of breathalyzer tests is established, and defendants have sufficient alternative means to challenge test results, such as examining the machine, reviewing records, and questioning the administering officer. The court emphasized that a defendant can obtain an additional chemical test by their own physician.
Facts
Defendants were arrested for drunk driving. Police administered a single breathalyzer test using a Smith & Wesson Model 900A, which indicated a blood alcohol content exceeding the legal limit. The administration of the test destroyed the breath sample.
Procedural History
Defendants moved to suppress the breathalyzer results, arguing the destruction of the sample violated the New York State Constitution. The hearing court granted the motion, but the Appellate Term reversed, denying the suppression motions. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether the Due Process Clause of the New York State Constitution requires police to take and preserve a second breath sample for later independent testing by a defendant charged with driving while intoxicated, when the initial test necessarily destroys the sample.
Holding
No, because the reliability of breathalyzer tests is generally established, and defendants have adequate alternative means to challenge the results and to obtain additional testing.
Court’s Reasoning
The Court of Appeals adopted the reasoning of California v. Trombetta as a matter of state constitutional law. The court acknowledged its independence in interpreting the New York Constitution but found no compelling reason to depart from the Supreme Court’s analysis. While New York provides strong protections for defendants’ access to information, these protections do not require the police to affirmatively gather evidence for the accused. The court emphasized that breathalyzers are scientifically reliable, and a positive test only establishes a prima facie case. Defendants can challenge the test’s accuracy by questioning the machine’s calibration, the chemicals used, or the administrator’s competence. The court also noted that Vehicle and Traffic Law § 1194(8) grants defendants the right to an independent chemical test by a personal physician, further mitigating any due process concerns. The court reaffirmed its long-standing conclusion that “the scientific reliability of breathalyzers in general is no longer open to question” (citing People v. Mertz, 68 NY2d 136, 148). The Court found that the Supreme Court’s conclusions in Trombetta were consonant with New York State law and interests and that the analysis was correct and provides a fair and proper rule under the State Constitution.