Thomas Carroll Blauvelt

When can you change a Breathalyzer test result in N.J.?

Driving while intoxicated (DWI) is a serious offense in New Jersey just as it is elsewhere. Even if you are a first-time offender, a conviction can attract serious penalties. In other words, if you are pulled over and charged with DWI, your life is likely to change in a number of ways.

But, a positive Breathalyzer result is never the end of the road if you are charged with DWI. There are a number of ways you can challenge the Breathalyzer evidence that the prosecution is using against you. Here are some of them:

When there was no probable cause for your arrest

The police cannot just pull you over for DWI on mere guts. In other words, you must be breaking the law for the police to signal and pull you over. Perhaps you were swerving, straddling the centerline or breaking clear traffic laws. If the police pull you over without probable cause, then you can challenge any evidence obtained from you in court.

When the test was improperly administered

A Breathalyzer is a scientific machine that must be properly used to give accurate results. For instance, the officer administering the test on you must be certified. And while administering the test, the police must instruct you on the proper procedure for blowing into the equipment. Any missteps while administering the test can produce an inaccurate BAC result.

When the equipment was improperly calibrated

The Breathalyzer equipment must be routinely inspected and calibrated to give accurate results. If you have evidence that the equipment used to measure your BAC content was not properly maintained and calibrated, then you can successfully challenge the results presented in court as evidence of your intoxication.

Breathalyzer equipment is not infallible. Learning how to challenge the breathalyzer test result can help you put up a strong fight during your DWI case.

FindLaw Network

As Seen In

  • New Jersey Monthly
  • MTV
  • Super Lawyers
  • app | Part of the USA Today Network