Breath Tests for DWI in New Jersey

Fighting BAC Results

A DUI conviction may be based upon the driver's conduct and the observations of the police officer alone, without a breath test. However, a scientifically reliable breath test showing a blood alcohol concentration (BAC) above the lawful limit will guarantee a conviction unless the test result is successfully attacked or it is excluded from evidence. For example, in the case of a first offender, if the breath test reading is .08% but less than .10%, the driver's license must be suspended for three months, and if it is .10% or more, the license suspension can be as much as twelve months. Consequently, if a breath test was done, the evaluation of the correctness and the admissibility of the test results is absolutely critical.

DWI Lawyer in New Jersey

In New Jersey, police departments now commonly use a computer-based instrument, the Alcotest 7110 MKIII-C test device, to test blood alcohol concentration using breath samples from a driver. The New Jersey Supreme Court has deemed the Alcotest breath test results reliable and admissible if specified, detailed, preconditions are met. In order to admit the test results it is the state's obligation to present documents and testimony at trial demonstrating that these preconditions have been met. As a consequence, the test documents that the state is obligated to provide, including the documents relating to the machine and its testing and calibration, are critically important. These documents are numerous and technically complex. In order to protect the driver's rights it must be assured that all of the required documents are provided, and that they are closely scrutinized to ensure that the state has satisfied all of the many technical and legal preconditions for admission of the test results at trial.

This discussion of breath test issues is neither legal advice nor is it intended to suggest a particular outcome in a specific case. Consulting with a skilled New Jersey DWI lawyer from The Law Offices of Allan Marain can provide you with the specific legal information you need. Our goal is to achieve a successful outcome in your DWI case. We are available to represent clients in traffic cases, including DWI, in central New Jersey, including Middlesex, Monmouth, Mercer, Union and Somerset counties.

Contact a New Jersey DWI lawyer from the Law Office of Allan Marain for knowledgeable legal representation in your DWI case.