The breathalyzer machine used throughout New Jersey is the Alcotest Draeger 7110 MKIII-C. This machine has been used in New Jersey ever since the New Jersey Supreme Court found, the Alcotest machine to be scientifically reliable in the matter of State v. Chun, 194 N.J. 54 (2008). The Alcotest machine works by taking two distinct breath samples and processing each sample simultaneously through two separate testing chambers in order to measure the blood alcohol content of someone accused of driving while intoxicated. One of the machine’s chambers uses an electrochemical cell to produce a chemical reaction in the chamber, producing the “EC result”. The other chamber applies an infrared spectroscopy light to the breath sample, producing the “IR result”. After the accused driver’s first breath sample has been processed through the machine, a second sample is then taken and processed in the same way. After both breath samples have been processed, authorities are left with four separate readings reflecting the driver’s alleged blood alcohol content, two of which are “EC results” and two of which are “IR results”.
NJ Breathalyzer Laws
Since the Alcotest system processes two separate breath samples and applies two separate types of technology which have been deemed scientifically accurate and reliable in testing each sample, this system is regarded as being extremely reliable for use in legal proceedings. However, there are many ways in which an Alcotest result can be challenged by a knowledgeable and experienced defense attorney. Regarding the reliability of the test, the Court in State v. Chun determined that a certain mathematical formula must be applied to confirm that all four results are close enough in range to be considered accurate and reliable in order for the results to be considered in legal proceedings and used against driving while intoxicated defendant. Therefore, Alcotest results will only be considered reliable if all four results, from both processing chambers and both breath samples, are found to be within a certain range of one another, confirming that the results are likely true and accurate. New Jersey Courts also favor the defendant when it comes to Alcotest results, allowing only the lowest of the four results, rounded down, to be used in legal proceedings. Another factor that can work in favor of a defendant is the litany of proper operating standards that authorities must follow while taking breath samples from a DWI defendant in order to ensure that the machine will provide a correct and reliable result. A defendant must have provided a certain amount of air in their breath sample and must blow into the machine for a certain minimum amount of time, in order for the results to be deemed acceptable and reliable. However, failure to meet these requirements when blowing into the machine can also lead to charges for refusing to submit a breath test if the authorities are not able to get a reliable reading from the machine. Another requirement is that the machine’s mouthpiece must be replaced before each sample is taken in order to help ensure the accuracy of results. Alcotest machines also cannot be used again for a two minute waiting period between samples as another measure to help ensure the accuracy of results. Authorities are also required to remove all cell phones and radios from the room and observe a DWI defendant for at least 20 minutes immediately before taking a breath sample. If authorities fail to explicitly meet any of these requirements, or if other facts of your case allow other arguments on your behalf due to the complex legal landscape of DWI laws in New Jersey, a skilled and experienced defense attorney who is capable of carefully reviewing the facts of your case and diligently applying the law may be able to minimize the impact of breathalyzer results in your case or even have the results thrown out.
More information regarding the Alcotest 7110 is available from Draeger Industries on their website.
Alcotest Certified New Jersey DWI Defense Attorneys
Because there are so many requirements for proper use of the Alcotest 7110 machine, and so many elements to the workings of the machine itself, there are often many opportunities for a knowledgeable attorney to argue against the admission of breath test results generated by this machine, despite its overall reliability. However, because of the complexity of the legal landscape when it comes to Alcotest results, and the technical complexity of the machine itself, it is extremely important to work with a defense attorney who is well versed in the workings of the Alcotest machine when you are faced with DWI charges that will be or may be supported by breathalyzer readings as evidence. Our powerful legal defense team includes attorneys certified in operating the Alcotest 7110, a certification which is extremely rare among New Jersey criminal defense attorneys. Therefore, our legal defense team is intimately familiar with the potential technicalities that could be used to your advantage in defending your case and uniquely positioned to take advantage of every available avenue to successfully defend your case. With this combination of Alcotest expertise, our years of experience defending DWI matters, and our thorough familiarity with DWI law in New Jersey, we are often able to successfully reduce DWI charges or have these charges dismissed entirely.
Contact Us Today for a Free Consultation
If you are facing charges for driving while intoxicated in Atlantic County, please call us for a free consultation. Our skilled and knowledgeable attorneys are ready to review the facts of your case and aggressively pursue the best possible outcome for you. Call us at 1-877-450-8301 or e-mail us to arrange your free consultation today.