Challenging Breathalyzer Test Results In Court

There are a number of different consequences that come with being convicted for DWI in New Jersey. You could face jail time, lose your driving license, and be ordered to pay substantial fines. That is why you need to look for an experienced New Jersey DWI attorney to help you beat your charges.

In a historic ruling in 2018, the New Jersey Supreme Court ruled that over 20,000 breath tests conducted by authorities in the state were not admissible due to administration errors. People who were convicted of DWI as a result of these overturned tests now have the opportunity to seek relief.

This court case proves that it is possible to question the accuracy of breathalyzer test results. If you have been charged with DWI, an attorney can help you challenge these results in order to fight for your freedom. Here are some of the many ways these results can be challenged:

Improper Calibration

A breathalyzer device must be properly calibrated or it will not produce accurate results. If your breath results were recorded by a device that was not properly calibrated, they could be inadmissible. This means the state would not be able to use these results against you to prove your guilt.

Faulty Administration

Law enforcement officers must follow certain rules and procedures when administering breathalyzer tests to DWI suspects. These protocols are put in place to ensure that the results of breathalyzer tests are accurate.

But unfortunately, many law enforcement officers fail to follow these procedures. Failure to follow these rules could make the breath test results unreliable.

Some of the common errors that the police make include:

• Failing to wait 20 minutes to administer the test

• Not supervising the suspect in the 20 minute stop

• Not providing the right instructions when administering the test

• Failing to replace the mouthpiece when carrying out the test

Each of these errors could impact the accuracy of the breath tests results.

False Positive

A breathalyzer could produce false positive test results for a number of different reasons. A false positive means that the results indicate that the driver is over the legal limit even though that is not the case. Some of the many causes of false positives include:

• Certain health conditions, including GERD and diabetes

• Burping or vomiting prior to taking the test

• Certain medications, including Nyquil, cold medicine, and cough syrup

• Consumption of mouthwash prior to taking the test

All of these factors could affect the accuracy of your breathalyzer test results.

Why It is Important to Hire an Experienced DWI Attorney

You need to protect your rights and fight for your freedom by hiring an experienced DWI attorney. An experienced DWI attorney will:

Conduct a thorough investigation into your case. An attorney can closely analyze the facts of the case to look for errors or opportunities to weaken the state’s case against you.

Negotiate a plea deal. In some cases, a plea deal is the best possible outcome for the defendant. In these cases, an attorney can aggressively negotiate with the prosecutor to reach a favorable plea deal on your behalf.

Protect your rights. Your attorney will ensure you are treated fairly by the criminal justice system at all times.

For more information on DWI cases and how you can reach the best possible outcome in your case, please reach out to us to schedule a consultation. You can contact us directly to speak to an experienced DWI lawyer.