Breath Test

An Alcotest BAC of .08 or above while driving in New Jersey can lead to some serious consequences. New Jersey police are constantly on the lookout for drunk drivers. To determine with such specificity if a driver is over the legal limit in New Jersey, police will often request that the driver take a breath test, which measures a driver's blood alcohol level by determining the amount of ethanol (a key ingredient in alcohol) in his or her breath. Breath tests are just one of a handful of tests that you consented to taking when the state agreed to give you your drivers' license. You must take a breath test in New Jersey if you are stopped on a public roadway. Refusal to take a breath test during a New Jersey DWI/DUI public road investigation can result in additional consequences on top of a potential DWI conviction, including suspended license and heavy fines.

Known as the Drager Alcotest model 7110, New Jersey's newest "breathalyzer" provides two separate BAC readings: one that uses infrared absorption and one that uses electrochemical technology. N.J.S.A. 39:4-50.3 and State v. Chun, 194 NJ 54, NJ Supreme Court, outline the requirements for a proper breathalyzer test and training by an administering officer. But mistakes happen-more often than you think!

There are many viable defenses to one or both of these readings including:

  • Operator error or improper training
  • Lapsed operator certification
  • Observational error
  • Improper calibration of the machine
  • Electronically or RFI affected results
  • Failure to tolerate results

When readings are questionable, an effective defense attorney challenges the admissibility of them as evidence, which can serve as a major blow to the prosecution's case. If you have refused a breath test or had a reading above the legal limit, all is not lost. Working with an attorney to fight your charge can help get you the best results possible. Give the Law Offices of Thomas Carroll Blauvelt a call today to discuss your case.

The Law Offices of Thomas Carroll Blauvelt

I have experience prosecuting and defending New Jersey DWI charge-an invaluable perspective you want on your side. I understand how frustrating and confusing a New Jersey DWI charge can be and I am here to answer all of your questions and concerns. If you or a loved one has recently been charged with a DWI in New Jersey, give me a call today to discuss the details of your case- your first consultation is always free. Time is of the essence in these cases, pick up the phone today! I look forward to speaking with you!