NJ DWI Lawyers Skilled in Challenging Breath Test Results
Whenever someone is charged with DWI and there are breathalyzer readings, a primary focus of attack must be knocking the BAC results out of the case. The reason for the absolute need to invalidate the breath test stems from the fact that there is no plea bargaining a driving while intoxicated offense so the original blood alcohol levels must be excluded to have any success in challenging the charge. Absent identifying an error, mistake or issue to contest the results, the prosecutor nor court can allow anything other than a finding of guilt at the related BAC level. If it is a first offense and the readings are .10 or higher, this means that the minimum suspension is seven (7) months and there is no opportunity to do any better (i.e. penalty for first offense is 7 months to 1 year if readings are .10 or higher). If the results are successfully contested, however, the worst a first offender would do is three (3) months because the readings are gone (i.e. first offense with readings of less than .10 carries 3 month suspension); there is also the opportunity to avoid a DWI conviction altogether when this occurs. Similar benefits apply in second offense and third offense cases, as there is no way to win such a case unless the BAC readings are excluded. This is why skill and experience in defending driving while intoxicated charges is so important and why the lawyers at our firm are successful in such a high number of cases in invalidating breathalyzer results. If you would like an attorney to review the facts of your case free of charge, give us a call at 877-450-8301.
Contesting Breath Test Readings in New Jersey
The following are common errors and mistakes that can invalidate breath test results:
- Breathalyzer Is Out of Calibration
- BAC Readings Not Within Tolerance
- Cell Phone or Electronic Interference
- Error In Conducting the Twenty Minute Observation
- Simulator Solution Expired
- No Two Minute Lockout Between BAC Readings
- Failure to Produce Foundational Documents or Other Discovery
- Data Download Reveals Error, Mistake or Malfunction
- Mouth Piece Replacement Did Not Occur Between Breathalyzer Blows
- Repair Records Reveal Malfunction of the Breath Test Machine
What is extremely important to keep in mind is that many of the aforesaid issues are not revealed if an attorney simply accepts the initial discovery provided by the prosecutor. Not only are foundational documents frequently negated in the first waive of discovery but also more compelling pieces of evidence like data download, in-station videos, and computer-assisted dispatch reports, to name a few. In point of fact, a motion often has to be filed in order to force the prosecution to provide all of the relevant records. Unless you are being represented by an aggressive DWI defense lawyer, a motion probably is never getting filed nor are these potentially valuable pieces of evidence going to be scrutinized to your benefit.