New Jersey DWI Breath Testing
New Jersey motorists arrested of drunk driving are required to submit to a chemical test of their breath, blood, or urine to determine blood alcohol content (BAC). Drivers whose chemical tests reveal a BAC of .08 percent or greater often fear that it means an automatic conviction, but that’s not the case. Breath tests and other chemical tests can be successfully challenged. The New Jersey DWI defense lawyers at Levow DWI Law concentrate on DWI defense and have proven strategies to attack the results of evidential breath tests.
Breath tests used in drinking and driving cases provide only an indirect measurement of blood alcohol levels. Breath tests estimate BAC using certain scientific assumptions that aren’t always applicable to the individual being tested. Breath-testing machines make broad assumptions about the motorist’s blood/breath partition ratio, breath temperature, and many other factors.
A skilled NJ DWI defense attorney at Levow DWI Law will question the functioning of the machine to make sure it was operating properly on the date of the testing and during the machine’s overall period of operation. Clearly, a machine that was not working properly cannot have given a reliable result. A diligent New Jersey DWI defense attorney will ensure that the proper accuracy checks, calibration records, usage logs, and maintenance history are all documented and don’t show any irregularities.
Breath test results can be challenged. An experienced New Jersey drunk driving defense lawyer will thoroughly examine the records pertaining to a breath testing machine to determine whether it was properly maintained, and question whether the results accurately reflected the motorist’s BAC at the time of driving. The lawyer will also determine whether the operator of the machine was properly qualified to run the testing. If the operator was not qualified or if the machine was not properly certified, the results of the testing may be suppressed or prevented from coming into evidence against the accused motorist.
Keeping the breath testing results out of evidence on a first alleged DWI / DUI charge in New Jersey will have a very beneficial effect on the outcome of the case. Without a breath test result in an alcohol based DWI / DUI charge, the maximum license suspension is reduced from four to six months down to license suspension only until an ignition interlock devise is installed in the motorist's car.
Then, if the overall physiological evidence is neutralized, the New Jersey DWI charge can be dismissed altogether.
Levow DWI Law owns the Alcotest 7110 MKIII-C, the machine used for evidential breath testing in New Jersey DWI cases. We bought the machine so that we can be as familiar with it as possible, so that we can help our clients fight their cases. Call us now for a free consultation.
Recently, the New Jersey Supreme Court decided the most important case in New Jersey DUI / DWI history, State v. Chun. The Chun case determined the admissibility of the Alcotest machine, and has set the standards for prosecution and defense of New Jersey DUI / DWI charges. Evan Levow represented the lead defendant in the Chun case.
Please contact us to discuss how we can use our knowledge of the Alcotest to help you in your DWI / DUI arrest. Call Levow DWI Law at (877) 593-1717 for a free consultation.