This month, Taras Herbowy, 71, the suspended executive director of Utica’s Municipal Housing Authority, was arrested and charged with Driving While Intoxicated (DWI). The incident, reported in the, stated that Mr. Herbowy left the Valley Brook Lounge after an alleged verbal altercation with a female acquaintance. It is claimed that he left the scene of the argument in his vehicle after the woman bit his ear.

According to New Hartford Police Chief Michael Inserra, Mr. Herbowy was cited for DWI and an unsafe lane change. A chemical test was taken and his blood alcohol content (BAC) allegedly registered at 0.09 percent. A BAC of 0.08 percent or higher qualifies as a DWI violation in the state of New York.

Chief Inserra noted that only DWI-related charges were filed against Mr. Herbowy and no charges were filed with regard to the argument between Mr. Herbowy and the unnamed woman. He is scheduled to appear in court next month on the DWI charges. Mr. Herbowy’s suspension from his housing authority position appears to be unrelated to the pending DWI charges from this month.

BAC Accuracy
The BAC measurement of an individual suspected of DWI may not always prove to be accurate. Typically, police officers administer breath tests to those suspected of driving under the influence. Other chemical tests that can show BAC include blood and urine tests. While blood and urine tests tend to be more accurate than breath tests – they are, obviously, not as feasible to administer during a traffic stop and test results require more time.

An article posted on the National Motorists Association website, questions the validity of breath tests, or Breathalyzers, based upon scientific issues related to their use. In sum, according to the commentary, the issues are threefold:

1. Measuring alcohol levels in the blood and measuring the concentration of alcohol in a breath sample are disproportionate and thus unreliable.
2. There is a margin of error involved when using breath tests – that makes the test unreliable.
3. Machine calibration efforts are not sufficient to ensure accurate performance of the breath machine.

Other factors, such as the presence of vomit in the mouth or cell phone interference, can affect the BAC by incorrectly raising the reading. Conversely, brisk exercise can lower the BAC reading.

So, while a breath test may be more practical to administer – it is not necessarily accurate.

Speaking with an Attorney

There are many aspects that go into play in the thorough defense of a DWI matter – including detailed knowledge about the scientific shortcomings of breath tests. Each case requires the utmost attention by an experienced legal team. At Nave DWI Defense Attorneys DWI Defense Attorneys, we vigorously defend the interests of our clients and focus solely on defending DWI charges.

If you received a DWI in New York, contact the law firm of Nave DWI Defense Attorneys to benefit from our vast experience, client dedication and ultimately, proven results.

The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.