Experienced DUI Attorneys Can Help You Challenge DUI/DWI Breath Tests in Brick Township, NJ
A DUI/DWI charge can be frightening and overwhelming. It may seem as if the evidence against you is insurmountable. Do not be intimidated by the evidence in your DUI case. There are many ways to challenge the results of a breath test in New Jersey. An experienced attorney can effectively challenge the evidence against you.
At Lombardi and Lombardi, two of our attorneys are former local prosecutors. Our prosecutorial experience gives us an edge when challenging a DUI/DWI stop or DUI Breathalyzer charge because we know how the other side thinks.
Types of DUI Breath Tests Administered by NJ Law Enforcement
Police patrol cars are equipped with a Portable Breath Test (PBT) device that is routinely administered by police when DUI/DWI is suspected during a roadside stop. The PBT is not proof of driving under the influence. The test only determines whether the officer has reasonable suspicion of a DUI.
PBTs are extremely unreliable, so you should decline to take a PBT when requested to do so by an officer.
In New Jersey, the Alcotest 7110 is used by law enforcement to determine a driver’s blood alcohol content (BAC). The Alcotest replaced the DUI Breathalyzer test in New Jersey. As a result, this device is sometimes referred to as a “Breathalyzer.” Recently, the NJ Supreme Court upheld the validity of most DUI breath test results, declaring that there are no concerns about the use of the Alcotest machine. As a result, if you refuse to provide a breath sample at the police station, you could be found guilty of drunk driving.
Successfully Challenging the Results of DUI Breath Tests in New Jersey
Our skilled DUI attorneys are familiar with the Alcotest device.
- We know how to identify mistakes in the administration of a breath test.
- We can tell when a breath test was not properly conducted.
- We understand the procedures and protocols that have to be followed by police officers who administer the breath test, which means that we are able to recognize when mistakes are made during your breath test.
An experienced DUI attorney can raise several challenges to a DWI Breathalyzer test, including:
- The machine was not properly certified: The breath testing machine must be inspected every month by a Breath Test Coordinator Instructor, who issues a Breath Testing Instrument Inspection Certificate. If the police department is unable to provide this certificate as evidence in your case, your breath test results may be inadmissible.
- The machine was not properly calibrated: The police must test the effectiveness and functionality of the breath testing device by periodically conducting a calibration of the device. We will closely examine the device’s calibration records, which must be downloaded as digital data every six months.
- The officer operating the machine was not qualified or properly certified: We will investigate the officer’s history and review the officer’s qualifications to determine whether he or she was properly trained in the use of the Alcotest device. If the breath test operator was unlicensed or had an expired license, the results of your breath test may be inadmissible.
- The breath test reading was contaminated: The breath test can be contaminated by forms of alcohol contained in something else, such as asthma spray, cough drops, mouthwash, or fingernail polish.
- The officer failed to comply with the 20-minute observing period: The officer must have continuously observed you for 20 minutes prior to administering the test. If the officer failed to observe you for a full 20 minutes before administering the test, the breath test results may be excluded from evidence in court.
- The officer had no legal right to stop your car and pull you over in the first place: A police officer must have reasonable suspicion for initiating a traffic stop. If the officer did not have a valid basis for stopping your car, then the results of any breath test administered by the officer may be inadmissible in court.
- The police lab failed to properly store your breath sample.
Do Not Delay; Schedule a Free Consultation with an Experienced DUI Lawyer in Freehold Township, NJ
An experienced DUI lawyer may be able to get your breath results thrown out by challenging the DWI Breathalyzer charge. On a first offense DWI charge, this can reduce the maximum possible period of license suspension from one full year to just three months. If this is a multiple DWI, it is even more important for you to contact us right away.
The skilled DWI defense lawyers at Lombardi and Lombardi represent clients throughout New Jersey, including Monmouth and Ocean counties. We offer a free consultation to discuss your DUI case. Call us immediately or simply use our online contact form to schedule an appointment.
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