New York Law Review

Tag: Breathalyzer

  • People v. Mojica, 96 N.Y.2d 226 (2001): Rebuttable Presumption of Intoxication Based on Breathalyzer Results

    People v. Mojica, 96 N.Y.2d 226 (2001)

    Vehicle and Traffic Law § 1195 (2)(c) establishes a rebuttable presumption that a person with a blood alcohol level between .07% and .10% is not intoxicated, but the prosecution can overcome this presumption with other evidence of intoxication.

    Summary

    The New York Court of Appeals held that the prosecution was entitled to rebut the statutory presumption in Vehicle and Traffic Law § 1195 (2)(c), which states that a blood alcohol level between .07% and .10% is prima facie evidence of non-intoxication. The defendant was arrested for driving while intoxicated after a breathalyzer test showed a blood alcohol level of .08%. Despite this result, the court found that the accusatory instrument contained sufficient factual allegations, such as the defendant’s erratic driving, physical appearance, failed sobriety tests, and admission of drinking, to establish reasonable cause that the defendant violated Vehicle and Traffic Law § 1192 (3). The case was remitted for further proceedings.

    Facts

    Defendant was stopped for a traffic infraction (driving without head or tail lights). Upon stopping the vehicle, the arresting officer observed that the defendant had glassy eyes, impaired speech and motor coordination, and smelled of alcohol. The defendant failed four field sobriety tests, including a “Finger Count Test,” in which he could not correctly count his fingers. The defendant admitted to drinking five to six beers before driving and acknowledged that he should not have been operating the vehicle. A breathalyzer test, administered 45 minutes after the stop, indicated a blood alcohol level of .08%.

    Procedural History

    The defendant was charged with violating Vehicle and Traffic Law § 1192 (3), common-law driving while intoxicated. The County Court reversed the City Court’s decision. The People appealed to the New York Court of Appeals.

    Issue(s)

    Whether the factual allegations in the accusatory instrument’s supporting documentation, indicating signs of intoxication, are sufficient to allow the People to rebut the presumption established by Vehicle and Traffic Law § 1195 (2)(c) despite a breathalyzer reading between .07% and .10%.

    Holding

    Yes, because the accusatory instrument contained sufficient factual allegations to establish reasonable cause that the defendant violated Vehicle and Traffic Law § 1192 (3), entitling the People to an opportunity to rebut the presumption at trial.

    Court’s Reasoning

    The Court of Appeals reasoned that Vehicle and Traffic Law § 1195 (2) (c) establishes a rebuttable presumption, not an absolute bar to prosecution. The court emphasized the importance of considering all evidence presented. In this case, the supporting documentation contained factual allegations sufficient to establish reasonable cause that the defendant violated Vehicle and Traffic Law § 1192 (3). These allegations included: erratic driving (driving without lights), physical manifestations of intoxication (glassy eyes, impaired speech, smell of alcohol), failure of field sobriety tests (including the finger count test), and the defendant’s admission to drinking and acknowledgment that he should not have been driving. The Court explicitly disapproved of People v. Gingello, to the extent that it held to the contrary. The court determined that the People were entitled to an opportunity to rebut the section 1195 (2)(c) presumption at trial, based on the totality of the evidence presented. The Court emphasized, “[e]vidence that there was more than .07 of one per centum but less than .10 of one per centum by weight of alcohol in such person’s blood shall be prima facie evidence that such person was not in an intoxicated condition.”

  • People v. Alvarez, 70 N.Y.2d 375 (1987): State Constitution and Preservation of Breath Samples

    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.