New Jersey DWI Lawyer Blog
A driving while intoxicated (DWI) charge can be incredibly daunting. If you were charged with driving under the influence of drugs or alcohol in New Jersey, you must contact an experienced New Jersey DWI attorney as soon as possible. Many DWI charges and convictions rely heavily on the results of breathalyzer tests, which are not always accurate. We will examine the breath tests in your case to identify any errors or issues that may have unfairly impacted the results.
Earlier this month, the New Jersey Supreme court ruled that breathalyzer evidence from over 20,000 drunk driving cases is not admissible because of a calibration error. In fact, the justices unanimously determined that criminal charges pending against a state police sergeant made Alcotest device results from five counties inadmissible as evidence due to the fact that the sergeant missed an obligatory step in the calibration procedure. The court’s decision means that 20,000 DWI convictions could be tossed out. It is important to note that the court ruling does not automatically expunge all the DWI convictions.
Challenging the Results of a Breath Test in New Jersey
The breath test is the most common test used to determine the blood alcohol content (BAC) of an individual accused of a DWI. While the court generally considers breath tests reliable, there are many reasons an individual could fail a breath test other than being intoxicated. With extensive experience, we know how to recognize mistakes made in the administration of a breath test as well as the procedures and protocols that police are supposed to follow when administering such a test. We may be able to help you raise any of the following relevant challenges to a DWI breath test:
- The machine was not properly certified as required by law: the breath test machine must be inspected monthly by a professional who must then issue a Breath Test Trusting Inspection Certificate.
- The machine was not calibrated properly: police are required to test that the breath test device is producing accurate results by calibrating the device from time to time.
- The police officer using the machine was not qualified or properly certified: the police officer may have made an error because he or she was unlicensed or not trained properly in the use of the Alcotest device.
- The breath test reading was contaminated: products containing alcohol such as medication, cough drops or mouthwash can compromise Breathalyzer test results.
- The police officer failed to follow the 20-minute observation period: by law, police officers are required to continuously observe you for 20 minutes prior to administering the test. If the officer fails to do this, the breath tests could be excluded from the evidence admissible in court.
Of course, the aforementioned list above is not exhaustive.
Skilled New Jersey Drunk Driving Attorneys
If you or someone close to you has been arrested for a DWI or even refusal to submit to a breath test, you need to reach out to a seasoned New Jersey DWI attorney who can help. With years of experience, we understand how to find the errors and inconsistencies in your case in an effort to have your charges reduced or dismissed altogether. We are here to answer your questions and address your concerns every step of the way. For a free consultation, please call us at 877-450.8301 or contact us online.
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