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New Jersey DWI Breath Testing

Breath testing using the Alcotest 7110 is by far the most common form of chemical BAC testing used by law enforcement in New Jersey. Police departments are responsible for maintaining these machines and ensuring that those who operate them are properly trained and certified.

Challenging a Breath Test in Court

There are strict procedures and protocols that must be adhered to when administering a breath alcohol test. If the officer who administers your test fails to follow these procedures, the results may be inaccurate and could be inadmissible as evidence in trial.

It is also extremely important that the breath testing machine is properly maintained and calibrated. A good DWI defense attorney will always ask for maintenance records of the machine used in your breath BAC test to ensure that it was in good repair.

15-minute Observation Period

Breath testing machines are highly sensitive and can easily register a falsely high reading if there is any residual alcohol in your mouth at the time of the test. This is why an officer is supposed to observe you for at least 15 minutes prior to administering the test. During this 15-minute observation period, you are not supposed to put anything in your mouth, burp or regurgitate—any of which could lead to a higher BAC reading.