Breath Test Results

May 13, 2021

New Jersey Court Discusses Breath Test Results in DWI Cases

When the police suspect that a person is driving while intoxicated, they will often administer a breath test. If the machine used to conduct the test does not comply with the parameters defined by law, though, a DWI defendant may be able to argue that the results are inaccurate and should be suppressed. Recently, a New Jersey court issued an opinion in which it explained the requirements for proving a breath test was performed via a proper device, in a matter in which it affirmed the defendant’s conviction. If you are accused of a DWI offense, it is wise to meet with a New Jersey DWI defense lawyer to discuss your options for seeking a just result.

The Defendant’s Arrest

It is reported that the police were dispatched to investigate a collision. When they arrived at the scene of the accident, they determined the defendant had been driving one of the vehicles. When they spoke with him, they observed that he smelled of alcohol and had slurred speech and bloodshot eyes. They asked the defendant to submit to a field sobriety test, and he refused.

Allegedly, the defendant was arrested and charged with DWI. He was transported to the police station, where a breath test revealed his blood alcohol content to be 0.11%, which was over the legal limit. As such, he was charged with DWI. He was convicted as charged and then filed an appeal. Continue reading

October 4, 2020

New Jersey Court Discusses Reliability of Breath Tests in DWI Cases

by Jonathan F. Marshall

In many cases in which a defendant is charged with DWI, the bulk of the State’s evidence of the defendant’s guilt will consist of the results of breath tests taken shortly after the defendant was stopped by the police. Thus, if a defendant can prove that the test results are inaccurate or unreliable, they may be precluded from evidence, and the defendant may be found not guilty. In a recent New Jersey DWI action in which the defendant appealed his conviction on the belief that his breath tests may have been improperly administered, the court explained the standards for maintaining and evaluating the accuracy of breath tests. If you are a resident of New Jersey currently accused of driving while intoxicated in violation of the law, it is advisable to consult a proficient New Jersey DWI defense attorney to evaluate your case.

The Defendant’s Arrest

It is reported that the defendant was involved in a multiple-vehicle accident that caused personal injuries. The police investigating the accident spoke with the defendant and noticed the smell of alcohol on his breath and administered a series of breath tests. After the tests indicated a blood alcohol content level in excess of the legal limit, the defendant was charged with DWI.

Allegedly, the defendant entered a conditional guilty plea at trial. Stipulations were entered into stating that the breath test machine was in working order, the first sample was taken at 6:44, and the second was taken at 6:46, and the test results reported a reading of .21. The defendant preserved his right to argue that the results of his breath samples were invalid, and, following his conviction, he appealed. Continue reading

May 19, 2020

New Jersey Court Discusses Accuracy of Breath Tests in DWI Cases

by Jonathan F. Marshall

Many New Jersey DWI charges arise out of breath tests that indicate a blood alcohol concentration over the legal limit. Thus, if a defendant charged with DWI can prove that a breath test was inaccurate, he or she may be able to obtain a dismissal of his or her DWI charges. A defendant seeking to prove the results of a breath test are not reliable faces a high burden, however, as demonstrated in a recent New Jersey appellate court case. If you are charged with committing a DWI in New Jersey, it is prudent to speak to a knowledgeable New Jersey DWI defense attorney to discuss what defenses you may be able to argue to avoid a conviction.

Factual and Procedural History

Allegedly, police officers observed the defendant outside of his vacation home early in the morning. When they spoke with the defendant, they noticed he smelled of alcohol and had slurred speech and bloodshot eyes. The officers instructed the defendant not to drive but observed him driving with no headlights an hour later. He was arrested for suspicion of DWI and transported to the police station, where he underwent a breath test, which revealed his blood alcohol concentration to be .13%.

It is reported that the defendant was charged with and convicted of DWI. As it was his third DWI offense, the defendant was sentenced to a prison term of 190 days, and his license was revoked for ten years. He then appealed, arguing that the breath test that he was administered was unreliable, and therefore his conviction should be vacated. The court rejected the defendant’s arguments and affirmed his sentence. Continue reading

November 12, 2019

Court Analyzes Sufficiency of Observational Evidence in New Jersey DWI Cases

by Jonathan F. Marshall

Many New Jersey DWI convictions were supported, in part, by the results of chemical testing. In 2018, however, the New Jersey Supreme Court invalidated the results of breath tests in many cases. Thus, in cases where a defendant’s conviction is based on a breath test, the conviction may be void. Recently, the Superior Court of New Jersey analyzed whether observational evidence alone was sufficient to sustain a defendant’s conviction following the invalidation of the results of his breath test. If you are charged with a DWI offense in New Jersey, it is wise to consult a skillful New Jersey DWI defense attorney regarding what the State must prove to obtain a conviction.

Facts Surrounding the Defendant’s Arrest

Reportedly, the defendant was stopped in December 2011 for traveling 19 miles over the speed limit. When the police officer approached the defendant’s vehicle, he noticed the defendant smelled of alcohol and had difficulty producing his license and registration. The officer then asked the defendant to submit to field sobriety testing. During the tests, the defendant raised one arm for balance, failed the walk and turn test, and was swaying while standing in place. He then admitted to consuming one shot and two beers.

It is reported that the defendant was charged with DWI. He was convicted based on both the officer’s observation of his behavior and the results of a breath test. The defendant appealed. Following his conviction, the New Jersey Supreme Court rendered breath tests invalid in many cases, including the defendant’s case. Thus, the sole issue on appeal was whether there was sufficient proof to support a conviction based on observational evidence. Continue reading

November 28, 2018

More than 20,000 NJ DWI Convictions Could be Tossed Out

by Jonathan F. Marshall

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.

December 1, 2017

Over 20,000 New Jersey DWI Convictions May Have been Based on Faulty Alcotests

by Jonathan F. Marshall

Being charged with a DWI is a daunting experience. If you have been arrested for driving while intoxicated (DWI) in New Jersey, you need to reach out to a skilled New Jersey DWI attorney without delay. A DWI conviction can negatively affect many aspects of your future, so it is important to get legal help quickly. While this is an extremely stressful time, it is important to remember that you have rights. Just because you have been charged does not necessarily mean you are guilty. Our team will protect your rights at every step of the way.

Last month, a letter went out to individuals who were arrested for drunk driving between 2008 and 2016 in Middlesex, Monmouth, Ocean, Somerset, or Union Counties. The letter was to inform these individuals that there might have been a problem with their DWI proceedings. It was prompted by the discovery that State Police Sgt. Marc Dennis, a former coordinator in the Alcohol Drug Testing Unit, may have been improperly calibrating Alcotest devices, which are used to check the blood-alcohol level of persons suspected of drunk driving. Specifically, he allegedly skipped setting the temperature at 100 degrees. If that temperature is off, the results can be inaccurate. The possible error calls into question all of the calibrations performed by Sergeant Dennis over the course of his career. The letter tells those charged with DWI that a specially appointed judge would weigh whether they are entitled to relief.

The Alcotest has been the standard for DWI detection in New Jersey for quite some time. It is a handheld breath alcohol-measuring device and is the successor instrument to the Breathalyzer. Police officers use the Alcotest to determine a driver’s blood alcohol content (BAC). A person commits a DWI in New Jersey when he or she operates a motor vehicle with a BAC of 0.08 percent or higher. Prosecutors rely on a defendant’s BAC to establish that the driver was driving while intoxicated. The burden of proof in all New Jersey DWI cases is on the state.

October 24, 2017

Breath Sample Size in New Jersey Different for Women Over Sixty

by Jonathan F. Marshall

If you have been arrested for drinking and driving, you need to seek the help of a skilled New Jersey drunk driving attorney who can assess the merits of your case. At our firm, we have years of experience defending clients who have been charged with a DWI charge and can do the same for you.

Just this week, a Hoatcong woman was arrested for driving while intoxicated (DWI) and failing to stay in her lane, according to police. She was pulled over and given a field sobriety test, which she failed. She was then taken to police headquarters, given a breathalyzer test, and charged with a DWI.

Under New Jersey law, a person commits DWI when he or she drives with a blood alcohol concentration (BAC) of 0.08 percent or higher. For commercial drivers, the BAC level must not exceed 0.04 percent. For drivers under the age of 21, the BAC cannot be 0.01 percent or higher.

October 26, 2014

Middlesex County DUI News: Monroe Township Engineer to Serve Prison Time after DWI Conviction

by Jonathan F. Marshall

For anyone who believes that driving a motor vehicle in New Jersey after taking a drink or two can’t possibly have any long-term impact on one’s future, just look around sometime. Drinking and driving, while perhaps not as prevalent these days as in decades past, is still a significant and ongoing issue according to most safety advocates, local and state police, and the Garden State’s legislature. As long as traffic accidents, fatal or otherwise, can be tied to drunk driving, it is a near certainty that New Jersey’s police departments will continue to be vigilant for potential DWI or DUI offenders.

But getting back to the impacts that a drunken driving conviction can have, these can be much more than a simple fine, a few points or a period of license suspension. In fact, if you don’t believe that a drunk driving arrest (and subsequent guilty verdict) can affect your life, please consider that for many people it can and does — on a regular basis, we might add. As accomplished New Jersey civil and criminal trial attorneys, my colleagues and I know of numerous instances where a person’s livelihood or career has been adversely affected by a DWI or drug DUI conviction.

My law firm has a great deal of experience defending hard-working people from all around the Garden State; individuals who believed that they were unjustly accused — but also those who know that they can hardly afford the secondary effects of even a single drunk driving offense on their record. For many accused DWI-DUI offenders, the monetary costs of a drunken driving conviction can pale in comparison to the potential professional consequences down the line.
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October 7, 2014

Olympic Champion Michael Phelps Puts Swimming on Hold Following DUI Arrest in Baltimore

by Jonathan F. Marshall

According to news reports, Olympic athlete and champion swimmer Michael Phelps put training on the backburner after his second, and most recent impaired driving arrest up in Maryland. Based on news articles, 29-year-old Phelps decided to put his swimming career on hold in order for the 18-time gold medal winner to go through a six-week in-patient drug rehabilitation program, which he stated would allow him to get the help he believes he needs to “better understand” himself.

The incident that led to this latest DUI arrest occurred in Phelps’s home town of Baltimore when the famous Olympian was pulled over by police for an apparent traffic violation on Tuesday. During the traffic stop, patrolmen suspected that the man was inebriated. After administering several of the standardized field sobriety tests, which Phelps reportedly failed to perform successfully, officers took the Olympian into custody. At police headquarters it was allegedly determined that the man had a blood-alcohol concentration (BAC) of 0.14 percent, which is almost twice the legal limit in most states including New Jersey.

News reports around the internet suggest that Phelps was concerned about this latest DUI, which is likely why he opted to sign himself into a comprehensive rehab program. Based on those reports, his voluntary admission into the program at Octagon means that Phelps will more than likely miss the first United States Grand Prix swim meet in Minneapolis this coming November. As for the balance of the scheduled Grand Prix events, all five of those take place in the first part of 2015.
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September 25, 2014

FAQ: NJ Drunk Driving Arrests and the Consequences of a DWI Conviction — Part Five

by Jonathan F. Marshall

For those individuals who find themselves on the wrong side of the law, that is, a motorist who has been arrested for a drunken driving offense, the immediate issue at hand is often trying to locate a competent DWI-DUI attorney to represent oneself against the local municipal prosecutor who is pressing the charges against him. To put it in simple terms, if your turn in the DWI barrel has come, now is the time for action, not later.

As Garden State drunk driving attorneys, my colleagues and I have a very good track record of defending motorists who have been charged with some kind of impaired driving. Whether these accusations involve the consumption of alcohol or the use of legal narcotic medications, or even illegal substances, the need for a qualified legal professional is always a priority. Let it be said at this juncture that my firm in no way condones any kind of impaired operation of a motor vehicle, be it a car, commercial truck, motorcycle or watercraft. From our point of view, the best defense is a good offense, and the best way to avoid a DWI or DUI is to avoid drinking or taking drugs any time one expects to be driving on New Jersey roadways.

As recognized experts in the field, my legal team gets a lot of questions from prospective clients who are just beginning to learn about the intricacies of DWI law. In the interests of edifying our readers, we feel that learning something now about drunk driving defense may come in handy in the future, especially if someone finds himself in a difficult situation involving a drunk driving arrest.
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