Breathalyzer Test Attorneys in New York

Newburgh DWI Defense Lawyers

Challenging the Validity of DWI Breathalyzer Test Results

Measuring blood-alcohol content (BAC) with a breathalyzer test does not provide a direct and accurate measure of what a person's BAC percentage actually is. It never has and it never will. And yet this flawed science is used to convict thousands of New York residents of DWI each year.

At Larkin Axelrod Ingrassia & Tetenbaum, LLP, we fight to protect the rights of individuals who have been charged with DWI in the Hudson Valley region. One of the important ways we do that is by challenging the validity of breathalyzer test results. Working together, our attorneys can provide you with the experience, skill and resources it will take to successfully challenge the state's case and minimize the consequences of your arrest.

Do not give up. Failing a breath test does not necessarily prove your BAC was over the legal limit. With the Larkin Axelrod Ingrassia & Tetenbaum, LLP legal team on your side, positive case results are never out of the question. Call or contact us for a free DWI consultation today.

Although breathalyzer test results are considered scientifically acceptable evidence in a DWI case, they are not infallible and can be effectively challenged.

In some cases, we have been able to establish that machines were not in proper working order, that they had not been calibrated correctly or that an improper conversion rate was used. In other cases, we have been successful in challenging breath test results of clients with dental irregularities, acid reflux disease and other conditions that have been proven to skew breathalyzer test results.

Our firm also handles criminal and administrative cases involving breathalyzer test refusals.

Who's Fighting for You?

If you have been arrested and charged with drunk driving — do not hesitate to call or contact Larkin Axelrod Ingrassia & Tetenbaum, LLP.

Our lawyers represent local, out-of-town and out-of-state drivers arrested for DWI and other drunk driving offenses on Interstates I-87 (NYS Thruway) or I-84, U.S. Route 9W, the Palisades Interstate Parkway, State Routes 6, 17 (86) or 59, and on other Hudson Valley roadways. In the Newburgh and Middletown areas, you can reach us at 845-234-4852. Outside of this area code, dial 877-278-5062 (toll free).

Se Habla Español / Major Credit Cards Accepted

Feb 03 - New York City police commissioner's son accused of sex assault
Jan 30 - Legal steps taken in New York securities fraud case
Jan 27 - Newburgh arrests for drug and weapons possession
Jan 26 - New York melee charges to be dismissed in two months
Jan 25 - New York man arrested for alleged lost pet scam

Feb 06 - New York prosecutor fired after DWI arrest
Feb 02 - New York State Police arrest trucker for aggravated DWI
Jan 31 - Super DWI crackdown for New York's Super Bowl weekend
Jan 26 - Recent DWI arrests from around New York State
Jan 24 - New York congressman's wife arrested for DWI

July 2011 – Client's conviction for DWAI successfully overturned
John Ingrassia and Kathleen Wells teamed up to successfully overturn a client's conviction for DWAI. The NY State Supreme Court Appellate Term for the 9th and 10th Judicial Districts held that our attorneys were correct...
2011 - DWI Checkpoint Evidence Suppressed
April 2011 - John Ingrassia and Kathleen Wells were successful in obtaining the suppression of all evidence derived as a result of the stopping and arrest of a client charged with DWI.
2011 - DWAI Dismissed
April 2011 - John Ingrassia and Kathleen Wells successfully filed a motion to vacate a defendant's prior conviction for Driving While Ability Impaired by Alcohol claiming that he did not receive effective assistance of counsel in that case.
2011 - Driving Without Insurance Overturned
April 2011 - John Ingrassia obtained a not guilty verdict after trial for a charge of driving without insurance. His client was operating an uninsured motor vehicle when he was stopped by New York State Police.
2011 - Not Guilty Verdict on 3RD Degree Assault & Harassment Charges
March 2011 - After trial, John Ingrassia obtained a not guilty verdict for a man accused of assault third degree and harassment.
2011 - Breath Test Results Successfully Suppressed
February 2011 - John Ingrassia and Kathleen Wells successfully argued that our client was denied the right to consult with an attorney in order to determine whether to submit to a breath test to determine blood alcohol content.
2011 - DWI Charges Dismissed
January 2011 - John Ingrassia successfully argued that his client who was charged with DWI was unlawfully stopped by police where the only violation the arresting officer observed was driving over the white fog line on Interstate 84.
2011 - Supreme Court Decision Overturned
March, 2011 - Larkin, Axelrod, Ingrassia & Tetenbaum, LLP successfully overturned a Supreme Court Decision and Order which denied a motion to dismiss a divorce action based on lack of adequate grounds for divorce.
2011 - Appeal Won In Appellate Division, Second Department
January, 2011 - Larkin, Axelrod, Ingrassia & Tetenbaum, LLP won an appeal in the Appellate Division, Second Department and was able to have a Qualified Domestic Relations Order vacated where the Order granted a...
2010 - Couple Compensated for Faulty Swimming Pool Installation.
Paul Teutul Sr. can not make Paul Teutul Jr. to sell his 20 percent interest in Orange County Choppers Holding Inc., as determined by an appeals court ruling.
2010 - Paul Teutel Jr. Wins Appeal Against Orange County Choppers Holding Inc.
John Ingrassia and Raymond Raiche were successful in bringing a small claims petition on behalf of a husband and wife homeowner against a swimming pool company from whom they purchased an above ground pool...
2010 - Hiring A Lawyer For Loan Modification Assistance
Homeowner’s behind in their mortgage can sometimes benefit from hiring a lawyer to try to modify their loan and advert foreclosure.
2010 - Marijuana Charges Dismissed
August 2010 - John Ingrassia was able to work out a very favorable plea bargain with the prosecutor's office and the local justice court in Orange County. After our client was stopped for speeding by police, the officer detected odor of marijuana and the driver admitted to having recently consumed marijuana.
2010 - Felony Grand Larceny and Conspiracy charges yield Probation and Community Service
On August 24, 2010 Bryan Dunn was sentenced to 300 hours of community service and 5 years of probation for his part in a million-dollar Walmart theft ring.
2010 - Kathleen Wells and John Ingrassia Present a DWI CLE Program
On July 29, 2010, Kathleen Wells and John Ingrassia presented a teleconference Continuing Legal Education (CLE) program for attorneys entitled "New York DWI Update - What You Need to Know"
2010 - John Ingrassia Authors Chapter of Book "Inside the Minds - Trial Techniques for Criminal Cases"
John Ingrassia authored a chapter entitled "The Defense Attorney as Investigator: Uncovering Evidence to Defend Your Client's Case" in the book "Inside the Minds - Trial Techniques For Criminal Cases" by Aspatore Publishing.
2010 - Aggravated DWI and DWI Charges Dismissed
In a July 2010 trial, John Ingrassia obtained dismissals on charges of Aggravated DWI and DWI in return for a guilty plea of Reckless Driving.
2010 - DWAI Case Dismissed in the Town of Montgomery
John Ingrassia was successful in a July 2010 trial and DWAI charges against our client were dropped in the Town of Montgomery.
2010 - Two DWI Charges Dismissed Due to Speedy Trial Rights Violations
On July 20, 2010, John Ingrassia obtained dismissals on two separate DWI cases in a local Justice Court. The dismissals were based on Mr. Ingrassia successfully arguing that the delay in bringing his clients to trial violated their Speedy Trial Rights under the New York State Criminal Procedure Law and US Constitution.
2010 - Plea Bargain Accepted Before Murder Trial Starts
2010 - GOSHEN - James J. Babcock pleaded guilty Friday in Orange County Court to the killing of Elaine Ackerman because he didn't want to risk the possibility of 26 ? years to life in prison for murder.
2009 - LAIT Provides Christmas Gifts for Children
LAIT once again participated in the Ulster County DSS and Ulster County Bar Association "Adopt-A-Star" program to provide Christmas gifts for children who are in foster care in Ulster County.
2009 - LAIT Receives Partner in Justice Award for Probono Service
On October 28, 2009 the firm of Larkin Axelrod Ingrassia and Tetenbaum, LLP was awarded the Partner in Justice Award from the Board of Directors of Legal Services of the Hudson Valley/ProBono NY Orange County Committee.
2009 - Middletown Ny Bar Association Elects Two Lait Attorneys as Officers
On December 9, 2009 at the Middletown Bar Association Annual Dinner, Larkin Axelrod Ingrassia & Tetenbaum, LLP had two associates elected to the Executive Board of the Middletown Bar Association (Orange County NY).
2009 - Not Guilty Verdict on Forcible Rape and Unlawful Imprisonment Charges
After a week-long jury trial, Craig Stephen Brown and Kathleen Wells obtained a not guilty verdict by an Orange County jury on a case where the client was accused of forcible rape, forcible sexual abuse, and unlawful imprisonment of an acquaintance.
2009 - Items Suppressed After Declared Illegally Seized in Execution of Search Warrant
An Orange County Court Judge issued a Decision and Order suppressing credit cards illegally seized during the execution of a search warrant.
2009 - John Ingrassia Named By Super Lawyers For Criminal Defense: Dui/Dwi
John Ingrassia has been selected by Super Lawyers as one of the top attorneys in the field of Criminal Defense and DUI/DWI Defense In Upstate New York for 2009.
2009 - Not Guilty Verdict On Menacing Charges With A Gun
After a three day jury trial, John Ingrassia recently obtained a not guilty verdict by a Town of Wallkill jury on a case where his client was accused of menacing another individual with a loaded handgun during an alleged incident last year.
2009 - Jury Awards $804K to Woman in Falldown on Ice Case
2009 - Our client slipped on ice on a poorly shoveled sidewalk and fractured her ankle. As a result of her diabetic condition she eventually had her leg amputated.
Motorcyclist Awarded Full Policy Limits
2009 - A motorcyclist was struck by a car that failed to yield the right of way, causing an injury to his leg. The car carried $100,000 insurance limits.
2009 - Leave to the Court of Appeals Granted
Kathleen Wells requested leave in a felony sexual abuse case to appeal to the highest court in New York State: the Court of Appeals.
2009 - Vacating of a client's jail sentence for speeding
Kathleen Wells appealed a two weekend jail sentence imposed upon an 18 year old for speeding 102 miles per hour in a 65 mile per hour zone.
2009 - Acquittal in Town of Wawayanda DWI case
Daniel Jackson won an acquittal for a client charged with Driving While Intoxicated (DWI) and Possession of an Open Container of Alcohol in a Motor Vehicle in the Town of Wawayanda Justice Court.
2009 - Reversal of a client's Integrated Domestic Violence Court conviction of Harassment in the 2nd Degree
This case involved a trial in which a wife accused her husband of Harassment in the Second Degree. At trial, the husband sought to introduce evidence that his wife had previously threatened to "get" him.
2009 - Acquittal in Town of Cornwall Criminal Mischief case
Daniel Jackson won an acquittal for a client initially charged with Criminal Mischief in the Third Degree in the Town of Cornwall Justice Court.
2009 - Two acquittals in Town of New Windsor DWI cases
John Ingrassia won separate acquittals within weeks of each other in the Town of New Windsor Justice Court for clients charged with multiple counts of Driving While Intoxicated (DWI).
2009 - Acquittal in Town of New Windsor DWAI case
Daniel Jackson won an acquittal for a client charged with Driving While Ability Impaired (DWAI), Speeding and Failure to Keep Right in the Town of New Windsor Justice Court.
2009 - Successful overturn of Family Court Decision
Azra Khan recently won an appeal in the Appellate Division, Second Department where we successfully overturned a Family Court Decision which granted a downward modification of a non-custodial parent's child support obligation.

Offices in Newburgh and Middletown • Conveniently located 3 minutes from the Newburgh Beacon Bridge on Interstate I-84 • Se habla español

Newburgh Offices
Larkin, Axelrod, Ingrassia & Tetenbaum, LLP
356 Meadow Avenue
Newburgh NY 12550
Telephone: 845-234-4852
Telephone: 877-278-5062
Fax: 845-566-5148
Newburgh Law Office

Larkin, Axelrod, Ingrassia & Tetenbaum, LLP
34 Route 17K
Newburgh NY 12550
Telephone: 845-234-4852
Telephone: 877-278-5062
Fax: 845-562-0859
Newburgh Law Office

Middletown Office
Larkin, Axelrod, Ingrassia & Tetenbaum, LLP
626 East Main Street
Middletown NY 10940
Telephone: 845-234-4852
Telephone: 877-278-5062
Fax: 845-344-4996
Middletown Law Office

Based in Newburgh and Middletown, New York, the law firm of Larkin Axelrod Ingrassia & Tetenbaum, LLP serves clients statewide, including Orange County, Dutchess County, Ulster County, Rockland County, Sullivan County and cities such as New York City (NYC), Goshen, Monroe, Tuxedo Park, Wallkill, Woodbury, New Paltz, Cornwall, Wawayanda, Greenville, East Fishkill, Harriman, New Windsor, Poughkeepsie, New City, Monticello and Warwick.

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Breathalyzer Test Attorneys in New York

Newburgh DWI Defense Lawyers

Challenging the Validity of DWI Breathalyzer Test Results

Who's Fighting for You?

Newburgh DWI Lawyers Video