Per Se

New Jersey drunk driving charges can be prosecuted under two different theories – driving while intoxicated, which is actual physical impairment, and violating the state’s ‘per se’ laws, meaning that the driver’s blood alcohol content (BAC) was alleged to be 0.08 percent or greater. The prosecutor needs to prove only one of the two elements to convict a motorist of driving while intoxicated.

The driver’s chemical test results are typically the centerpiece of a prosecutor’s per se drunk driving case. However, while many motorists worry that a blood, breath or urine test that indicates a BAC of .08 percent BAC or greater means that their case is a foregone conclusion, that’s far from true. Chemical tests are not infallible, and neither are the people who perform them. There are several proven ways to successfully challenge BAC evidence. The New Jersey DWI / DUI defense attorneys at Levow DWI Law can aggressively challenge chemical test results as part of a proven defense strategy designed to help accused NJ drunk drivers to win their cases.

The chemical tests used in a New Jersey DWI / DUI investigations have broad potential for error.

If the breath testing machine is not properly calibrated or is not operating properly, tests may be excluded. If the machine operator was not certified to operate the machine, or if the operator does not follow accepted protocol, the breath testing results can be suppressed or dismissed.

Blood tests used in New Jersey drunk driving investigations can be unreliable. Improper collection, storage, and analysis can all compromise the integrity of a blood test. If the proper procedures weren’t followed when the driver’s blood test was performed, the results may be invalid.

When administering a blood test for a New Jersey DWI / DUI investigation, the sample should always be drawn into a tube with white powder comprised of a preservative and anti-coagulant – but the powder-filled tubes come from a factory somewhere, and are never checked for accuracy.

Also, forensic labs don’t work the way they do on television. There’s typically a delay of days or even weeks before blood samples are tested, and mix-ups occur. There have been documented cases of blood samples with different blood types than the individuals from whom they were supposedly drawn.

The bottom line is that chemical tests in per se drunk driving cases are open to interpretation. An experienced Levow DWI Law New Jersey DWI lawyer skilled in New Jersey DWI defense will examine the driver’s chemical test results thoroughly to determine any appropriate challenges that can create reasonable doubt in the accused motorist’s guilt.

Evan Levow represented the lead defendant in State v. Chun, the most important DWI case in New Jersey history. The Chun case has set the standards for defense and prosecution of DWI cases in New Jersey.

Levow DWI Law is the only law firm in New Jersey to own the Alcotest, the breath machine approved by State v. Chun for evidential breath testing in New Jersey.

The New Jersey DWI lawyers at Levow DWI Law have advanced training in forensic issues, such as blood and urine testing, collection procedures, and storage procedures. Evan Levow has taken the DRE – Drug Recognition Evaluation course approved by the National Highway Traffic Safety Administration.

Please call Levow DWI Law today at 877-593-1717 to discuss your New Jersey DWI arrest. We will fight to protect your fights.