Examination of Breath Testing Officer

If the driver submitted to a breath test, a key witness in a New Jersey drunk driving case will be the police officer who administered the breath test. This officer may be the same one as the arresting officer, or may be a different officer who was called in to conduct the breath testing.

The prosecutor will ask the officer about his or her breath testing certification to establish that the officer was qualified to operate the breath testing machine. The officer will then generally testify about how he or she administered the test, including what happened before, during and after the testing. The officer will describe what he or she did, as well as what the driver did during the testing. The prosecutor will then ask the officer to state the results of the testing.

The DWI defense attorney will then cross-examine the officer, seeking to bring out information that can lead to suppression or exclusion of the breath testing results from evidence. A skilled NJ DWI defense lawyer will ask questions about every aspect of the testing process to determine whether the officer did the testing properly. If the officer did not follow protocol, then the results of the testing can be excluded from evidence.

Cross-examination of the breath testing officer in a New Jersey DWI / DUI case is a critical aspect of a successful defense. It’s imperative to have a skilled New Jersey driving under the influence defense attorney experienced in drunk driving cases to aggressively cross-examine the breath testing officer to determine whether the breath testing was done in the proper manner. If it was not, then the tests can be suppressed and the judge cannot consider the breath testing results in determining the verdict in the driver’s case. The judge would have to assess the case based on the physical case presented: driving behavior, overall interaction with the officer, and performance on any physical exercises.

Evan Levow represented the lead defendant in State v. Chun, the landmark case that determined the admissibility of the new breath testing machine in New Jersey, the Draeger® Alcotest MKIII-C. Levow DWI Law is the only law firm in the state of New Jersey to own an Alcotest. Because of the knowledge and information gained from State v. Chun and owning the breath testing machine, the lawyers at Levow DWI Law are in a very strong position to understand the issues in your case and to aggressively challenge the state’s case on your behalf.

Please call Levow DWI Law today to discuss your New Jersey DWI / DUI arrest. Call 877-593-1717, or email us at evanlevow@newjerseydwilawyer.com

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You dug through the facts of my case thoroughly and found all the errors that were made by the officers. From the breathalyzer error, to the observed time error, to my condition, to my foot failing the balance test, you dug out all the facts, and I am grateful for that. I am back to my career which is a bus driver and once again thank you. D.B.