Can you be convicted of DUI without a breathalyzer in New Jersey? The short answer is yes. Breathalyzer results are a common type of evidence in driving under the influence (DUI) cases. But they’re not the only way prosecutors can prove that a driver was impaired. After all, breathalyzer tests don’t screen for drug impairment. Many New Jersey DUI convictions occur even when no breath test was administered or the results were deemed inadmissible in court.
New Jersey law allows DUI charges based on other evidence, including field sobriety tests, officer observations, dashcam footage, and more. As long as the state can show that a driver was impaired, a conviction is still possible. That’s one reason strong legal representation is critical in any DUI case.
Why a Breathalyzer Test Is Important in a DUI Case
Breathalyzers measure a driver’s blood alcohol concentration (BAC). Under New Jersey DUI law, drivers may not get behind the wheel with a BAC of 0.08 percent or more. This measurement gives law enforcement officers a fast, scientific way to assess whether a driver is impaired.
Breathalyzer results are often central to DUI prosecutions. They offer quantifiable and objective evidence of impairment. Unlike field sobriety tests or officer observations, which can be subjective, a BAC reading provides a clear numerical value. This is often easier to present and interpret in court.
When paired with additional observations, like erratic driving, the smell of alcohol, or slurred speech, a breath test is usually one of the most essential pieces of evidence in a DUI case.
However, breathalyzers are not foolproof. Improper calibration, operator error, and even certain medical conditions like acid reflux or diabetes can lead to inaccurate readings. That’s why defense attorneys scrutinize breathalyzer reliability and how the test was administered when building a defense. But ultimately, if functioning and administered properly, breathalyzer tests are a key tool in DUI investigations and prosecutions.
Do You Have to Take a Breathalyzer Test?
New Jersey has an implied consent law. Under this rule, if you’re driving in New Jersey, you’ve consented to submit to chemical testing if police have probable cause to suspect you’re impaired.
You can refuse a breathalyzer or chemical test, but that has its own drawbacks. Penalties for refusal include:
- Large fines
- Mandatory license suspension
- Mandatory installation of an ignition interlock device on your vehicle
Refusing a breathalyzer test does not protect you from being charged or convicted of DUI. Prosecutors can still build a case against you. Knowing your rights and understanding what happens if you refuse is key.
How Can a Prosecutor Prove You Were Under the Influence?
Even without breathalyzer results, prosecutors can still use other evidence to build a case. Field sobriety tests are often used to assess a driver’s coordination, balance, and ability to follow instructions. Standard tests include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN) test. These tests can help demonstrate signs of impairment. However, they are subjective.
Police officers may report signs such as slurred speech, bloodshot eyes, the smell of alcohol, unsteady movements, or erratic driving behavior, including swerving or causing an accident. Prosecutors may rely on dashcam or bodycam footage. Video can offer objective visual and audio evidence of a driver’s condition and behavior.
Statements made by the driver at the scene – such as admissions of drinking – can also be used. Witness testimony from passengers, other drivers, or bystanders who observed the defendant’s behavior before or during the incident can further support the charges.
While a BAC reading provides a clear numerical threshold, New Jersey law allows for conviction based on showing that the driver’s physical or mental faculties were impaired to the point of endangering others – even without chemical test results. However, the prosecution still has the burden of proving impairment beyond a reasonable doubt.
Defenses Against DUI Allegations
If you’re charged with impaired driving, working with a skilled New Jersey DUI lawyer is vital. Your attorney will begin building your defense immediately. Although the right strategy will depend on your case’s unique circumstances, common DUI defenses include:
- Challenging an officer’s credibility or training – An officer’s observations carry significant weight, especially if there is no breathalyzer evidence. An attorney may question whether the officer was properly trained to recognize signs of intoxication and whether their account of events is consistent and reliable.
- Incorrectly administered field sobriety tests – Field sobriety tests must follow standardized procedures. If the officer failed to follow proper protocols or environmental factors (like uneven ground or poor lighting) affected your performance, the results may be unreliable.
- Medical or physical conditions that mimic intoxication – Certain medical conditions can cause symptoms similar to intoxication, including unsteady balance, slurred speech, and unusual eye movements.
- Lack of probable cause – Police must have a lawful reason to pull you over. If there was no reasonable suspicion of a traffic violation or criminal activity, any evidence gathered afterward – including field sobriety tests or officer observations – could be suppressed.
- Questioning witness reliability or video evidence – Testimony from other drivers, passengers, or bystanders may be inconsistent or biased. Similarly, dashcam or bodycam footage might not clearly support the prosecution’s narrative or may reveal errors in handling the traffic stop and arrest.
Your DUI defense attorney will review every detail, from the initial stop to the prosecution’s evidence. In some cases, an experienced defense lawyer can leverage procedural mistakes, conflicting testimony, and alternative explanations to weaken the prosecution’s case and push for reduced charges – or even a full dismissal.
Our New Jersey Criminal Defense Lawyers Are Here to Help You
DUI charges, whether or not a breathalyzer test was involved, are frightening. However, you still have legal options. A strong defense can make a significant difference in your case.
With over 200 years of combined experience, the legal team at the Law Offices of Jonathan F. Marshall has successfully defended many DUI cases throughout New Jersey. Our attorneys know how to challenge weak or circumstantial evidence, protect your rights, and pursue the best possible result for your case. One client with DUI charges said, “From our very first phone call to our last day in court his team was with me every step of the way.”
If you’ve been charged with DUI, don’t wait to get help. Call for a free consultation with a tough DUI defense lawyer in New Jersey.
