The alcotest and DWI

In New Jersey, an arrest for Driving While Intoxicated, or Driving Under the Influence, which are the same, meaning drunk driving, will subject the individual to an alcotest.

The alcotest is a machine that can determine the users blood alcohol level, BAC. In New Jersey a reading of .08 and above is a per se violation, even if you feel “fine” your guilty of DWI.

However the machine must be in proper working order and it must be operated properly. We have encountered numerous situations where there were problems with the machine or the operation. Fro failing to wait the requisite time before taking breath samples, to calibration issues, thee are problems with the alcotest.

We had a case dismissed this week because the operator failed to follow protocol in requesting a breath sample, and the alcotest was thrown out in another case where procedures were not correct.

If your charged with DWI in New Jersey, and an alcotest is involved, there are possible defenses that can be asserted in your defense.

Please call Jay Weinberg for an informative consultation.