Gloucester City DWI Lawyers
Breath Tests in New Jersey
Most DWI charges are issued in New Jersey based on the results of a breath test. The device employed to measure blood alcohol content (“BAC”) by breath is the Draeger Alcotest 7110. If you were arrested, breathalyzed and charged with driving while intoxicated because of a test result of .08% or more, hiring an attorney who is skilled in attacking breath test results can provide significant benefit to you.
Here at the Law Offices of Jonathan F. Marshall, we employ some of the most highly trained DWI lawyers in the state. In fact, five (5) of the members of our team are among far less than 100 statewide who are certified on the Alcotest. This training, along with our over 200 years of experience handling DWI cases, provides us with the tools to effectively contest breath test readings like those in your Camden County DWI case.
To speak to an attorney on our staff, including one of our several former DUI prosecutors, contact our Camden Office at (856) 288-3350. A lawyer is ready to take your call anytime 24/7.
Breath Tests in New Jersey DWI Cases
In New Jersey, officers in DWI cases will administer a breath test to a driver suspected of driving while intoxicated to determine if they are over the legal limit of .08%. If a breath test result shows that a driver’s BAC is over .08%, the reading is admissible in court. The admissibility of this test is extremely important for you and for the prosecution since they must prove their case beyond a reasonable doubt. It is important to note however that the results from the portable breath test that officers administer on the roadside are only used to determine whether probable cause exists for an arrest and are not admissible in court. Further if your BAC is above .10% or .15%, you may be subject to even more severe penalties including in ignition interlock device and a lengthy license suspension.
As previously stated, New Jersey utilizes the Alcotest 7110, created by Draeger Safety, to take breath samples. Five (5) of our attorneys are among a very limited number certified to operate the device. We are trained on the Alcotest 7110 MKIII-C Version NJ3.11′s analytical system, components, and peripherals, and also how to operate the test and perform a New Jersey specific breath test sequence. Some of the issues commonly raised by our lawyers include:
- Electronic interference compromised the reliability of the breath test reading (i.e. cell phone, radio, apple watch, fitbit or other device was present at the time of the test)
- Digital data contains errors
- Readings are not within accepted tolerance
- Failure to adhere to the 20 Minute Observation Requirement
- Foundational documents are not in order
- Subject has a prior history of gastro-intestinal issues (e.g. acid reflux)
- Dental prothetic or breath alcohol comprised the reading
- Failure to provide breath test discovery
- Repair history of the machine
- Breathalyzer consent defective
- Machine was not properly calibrated
- Simulator solution expired
- Failure to change the mouth piece
Please note that the list of possible defenses to a breath test result represents common issues but certainly not every potential basis for suppression of this evidence. An attorney at our firm is ready to explore all of the facts of your case so that every possible basis for contesting your best test reading is advanced.
Contact a Cherry Hill DWI Lawyer for a Free Consultation
The criminal defense attorneys at the Law Offices of Jonathan F. Marshall are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a DWI charge. Our criminal defense team understands the details of DWI law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at (856) 288-3350 for a free initial consultation about your case.
