DWI Breathalyzer Tests

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Being charged with a DWI in New Jersey is a serious offence and is treated as such by the courts. This can mean impounding your vehicle, severe fines, loss of your license, and a permanent mark on your record. If you or someone you know has recently been charged with a DWI, there is assistance available. Consulting with a NJ DWI Lawyer can identify options that can help you with your charge. Use this page to learn more about DWI definintions, laws, penalties, and your options.

When you are going up against the State of New Jersey you need experienced legal counsel. Regardless of whether you are facing an indictable criminal charge in the Superior Court, a drug charge in Municipal Court, a DWI, or even a simple motor vehicle charge you want to have the best possible result. Thomas H. Martin has been helping people face the most difficult of situations for years. Contact Thomas H. Martin at (732) 431-2224 to arrainge a free consultation.


DWI Breathalyzer Tests

Breath test machines are used to assess a suspect’s blood alcohol concentration (BAC) after a DWI arrest.  The legal BAC limit in New Jersey is .08% (except for underage drivers, who can be found guilty of DWI after consumption of any amount of alcohol).  All persons driving on New Jersey roadways give their implied consent to provide a breath sample if arrested on suspicion of DWI.  Individuals who refuse to provide a breath sample will be charged with Refusal and face additional consequences.

While the science behind these devices is quite sophisticated, the general function of the process is fairly straightforward.  All breath test machines operate on the principle that ingested alcohol travels with the blood through the body, including the lungs.  As a result, the blood drops off carbon dioxide and picks up oxygen as a suspect breathes.  Some of the alcohol will then leave the body with carbon dioxide during breath.

New Jersey uses the Alcotest 7110.  In 2008, the New Jersey State Supreme Court ruled that the Alcotest 7110 is scientifically reliable. As a result, the Alcotest replaced the Breathalyzer, which was invented in the 1950s, across most of the state.  According to the ruling in State v. Chun, the Alcotest results will be admissible so long as the police follow the safeguards provided in the Chun opinion.

There are many requirements established under Chun: the State must present two tests within a specified tolerance to prove intoxication; the second test must be conducted within two minutes of the first; the operator of the Alcotest must be properly certified; suspect must be personally observed by the operator for a period of 20 continuous prior to the administration of the test; the mouthpiece must be changed between tests; internal digital memory of the device must be produced to the defendant to evaluate whether there are any operational abnormalities; repair logs must also be produced.  These are just some of the requirements provided in State v. Chun.

Prosecutors and defense attorneys continue to dispute the reliability of Alcotest results.  New arguments are being raised in Court to challenge the readings and DWI charges.  Indeed, these are continually-evolving issues and new chapters in New Jersey DWI law are now being written. New Jersey DWI Defense has become extremely complex and specialized. The consequences of a DWI conviction in New Jersey are severe including the loss of license, increased insurance rates, the installation of an interlock device in your car, and jail. The legal landscape is sadly, cluttered with DWI cases that are mishandled by attorneys who lack experience properly defending DWI charges and do not have the proper knowledge of New Jersey DWI law and procedure. Thomas H. Martin has been helping people face the most difficult of situations for years. Contact Thomas H. Martin at (732) 431-2224 to arrainge a free consultation.


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