Do not assume simply on the basis of a breath or blood test for blood alcohol content (BAC) that you should plead guilty to a charge of drunk driving. If you have been charged with DWI/DUI and would like to discuss possible defense strategies with an attorney, contact our office for a free consultation.
Was your blood alcohol (BAC) test accurate?
Blood and breath tests for blood alcohol content collected after a DWI traffic stop can be challenged successfully. Our defense against admission of evidence gained through your BAC test may include the following:
- The test equipment was faulty
- Sampling methods or preservation of the sample was improper
- A foreign object was in the mouth during a breath test
- Prescription medication or mouthwash affected test results
- The technician or officer administering the test was unqualified to do so
Our lead attorney, Jonathan F. Marshall, is a former DUI prosecutor and knows how to identify errors in BAC testing. In prior cases, our New Jersey DWI defense attorneys have been routinely able to challenge the reliability and accuracy of New Jersey’s breathalyzer machine (called the Alcotest machine). By doing so, this creates a reasonable doubt as to what our client’s BAC may have truly been and suppresses the reading from coming into evidence to be used against a defendant.
New Jersey Police Agencies rely on the breathalyzer to provide the evidence of a suspected drunk driver’s blood alcohol concentration in the vast majority of cases. However, there will be occasions when the police will seek to obtain this vital evidence by taking a sample of the defendant’s blood for testing and analysis. Typically, the extraction of a blood sample from the body of the defendant in a drunk driving case will occur in the following factual context:
- Defendant Has Been Injured: Police Blood Samples
- Defendant Has Been Injured: Hospital Blood Samples
- Defendant Refuses to Provide a Breath Sample
- Defendant’s Blood Alcohol Content is Dangerously High
- Defendant’s Blood Alcohol Content is Dangerously Low: Suspected Narcotic Involvement
Every situation is unique, and there are a number of defenses to DUI/DWI charges based on blood or breath tests for BAC. If you would like to speak with one of our lawyers about circumstances surrounding your arrest, please call toll free 877-450-8301 to arrange a free consultation.