People v. Alvarez, 70 N.Y.2d 375 (1987)

To admit breathalyzer test results in a Vehicle and Traffic Law § 1192 prosecution, the prosecution must present evidence allowing a reasonable fact-finder to conclude the testing device was in proper working order and that the chemicals used were of the proper kind and mixed in the proper proportions.

Summary

Alvarez was convicted of driving while intoxicated. The Court of Appeals reversed, holding that the breathalyzer test results were improperly admitted. The Court found the prosecution failed to establish a proper foundation for the breathalyzer results by not presenting any evidence the machine was functioning accurately, or the chemicals were properly constituted. Proof the operator was certified or that the defendant appeared intoxicated was insufficient. The case clarifies foundational requirements for admitting breathalyzer evidence, emphasizing the need to prove the machine’s accuracy, not just the operator’s certification or the defendant’s apparent intoxication.

Facts

The defendant, Alvarez, was arrested and charged with driving while intoxicated (DWI) under Vehicle and Traffic Law § 1192. At trial, the prosecution introduced breathalyzer test results to establish the defendant’s blood alcohol content exceeded the legal limit. The prosecution offered proof that the test operator was certified. The arresting officers testified as to the defendant’s behavior and field sobriety test results.

Procedural History

The trial court admitted the breathalyzer test results. The defendant was convicted. The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal.

Issue(s)

Whether the prosecution laid a sufficient foundation for the admission of breathalyzer test results by offering proof that the test operator was certified and presenting observations of the arresting officers and field sobriety test results, without offering any evidence the breathalyzer machine was in proper working order or that properly constituted chemicals were used.

Holding

No, because the People must introduce evidence from which the trier of fact could reasonably conclude that the testing device was in proper working order and that the chemicals used in conducting the test were of the proper kind and mixed in the proper proportions.

Court’s Reasoning

The Court of Appeals emphasized that admitting breathalyzer results requires a foundational showing that the testing device was functioning accurately. Citing prior case law, the Court reiterated the necessity of demonstrating both the machine’s proper working order and the appropriate constitution of the chemicals used. Proof of the operator’s certification, while relevant to whether the test was properly administered, does not establish the machine’s accuracy. The Court noted that “proof that the test operator was certified by the Health Department to conduct breathalyzer tests, while permitting the inference that the test was properly given (Vehicle and Traffic Law § 1194 [9]; see, People v Mertz, 68 NY2d 136) is not probative of the distinct foundational requirement concerning the accuracy of the machine.” Similarly, observations of the defendant’s intoxication, while relevant to whether the defendant was impaired, are not probative of the breathalyzer’s accuracy in measuring blood alcohol content. The Court concluded that, lacking any evidence supporting the breathalyzer’s accuracy, the test results were inadmissible, warranting a new trial. The Court explicitly declined to define the exact nature or quantity of proof required, as the record was completely devoid of such evidence.