Hackensack Drunk Driving Defense Law Firm
When you were pulled over on suspicion of DWI, you most likely submitted to a breath test that measured your blood alcohol content (BAC). Even if the Alcotest machine (still commonly referred to as a Breathalyzer) gave a result that put you over the legal limit, it does not automatically mean you are guilty of DUI (N.J.S.A. 39:4-50). The reading could be invalid if certain procedures were not followed at the time the police administered the test.
At Jae Lee Law, our Fort Lee DUI breath test lawyers will scrutinize the test procedures and results. If there are any errors, we will fight to ensure that the test results are not used against you. Serving clients in Hackensack, Paramus, all of Bergen County and throughout New Jersey, we take pride in defending people against drunk driving charges. You have rights, and our attorneys are here to protect them.
If you took a DUI breath test and have questions about it, our lawyers are ready to meet with you. For your free consultation, please call 201-346-3800. You can also send us an email.
Requirements for Valid Breath Test Results
New Jersey law enforcement uses a machine called the Alcotest 7110 to perform breath tests. In order for the result to be admissible in court, the prosecution must show three things:
- The machine was in proper working condition at the time the test was administered.
- The person operating the Alcotest (usually the police officer) was properly trained.
- The operator followed the correct procedures for administering the breath test (the officer must wait 20 minutes before collecting a sample; a new mouthpiece must be installed).
Exploring All Possible Defenses to Breathalyzer Results
As skilled Hackensack DUI/DWI lawyers, we understand that breath tests are not foolproof. Errors occur, and when they do, there is an opportunity to challenge the results. We will investigate the situation to uncover whether you have a valid defense such as:
- Failure of the officer to follow the 20-minute observation rule
- Problems with digital download of the test results
- Failure to administer the breath test in a reasonable time period
- Pre-existing conditions, such as acid reflux, which may lead to artificially high BAC readings
Members of our Fort Lee legal team would be happy to meet with you to discuss your specific case. We will give you honest advice about your situation and do our best to explain the possible outcomes. If defenses are available, we will pursue them tirelessly to protect your freedom and driving privileges.
