The state has the burden of proving guilt beyond a reasonable doubt in New Jersey driving while intoxicated (DWI) cases. A defense attorney’s job, in part, is to identify defects or deficiencies in the state’s case. DWI cases often require a considerable amount of documentation. Under the DWI statute, a person is guilty of DWI if they operate a vehicle while under the influence of alcohol or drugs, or while their blood alcohol concentration (BAC) is at least 0.08 percent. Police can determine BAC by testing samples of breath, blood, or urine. Breath testing is most common, followed by blood. Each type of testing requires proof that police followed specific procedures. The evidence must meet standards set by the New Jersey Rules of Evidence (NJRE), state law, and court decisions.
Authentication of Documents
In a courtroom, BAC evidence generally takes the form of written reports. In the case of breath testing, this is usually a series of reports generated by the Alcotest device. BAC results obtained from blood samples involve reports from the laboratory that performed the test. NJRE 901 requires authentication of all documents offered as evidence, meaning evidence that the document is, in fact, what the party offering it claims it is. This can be accomplished by having the person who created the document authenticate it in sworn testimony. Some documents are “self-authenticating,” as described by NJRE 902.