Challenging Breath Testing in New Jersey DWI Arrests
As a DWI lawyer in New Jersey, I assure you there are many ways to challenge breath tests in DWI cases.
Just because the machine gives a reading at 0.08% or above, that does not mean that you will automatically be convicted of a DWI in New Jersey.
If someone asks you what the result of your breath testing was, asks you no more questions, and assumes that you will be found guilty simply because the machine says so, that person is wrong, wrong, wrong…
That’s why I got involved in DWI defense, and why I became a “student” of DWI. I’m certainly not in favor of DWI, but I am in favor of protecting people’s rights.
Years ago, I was one of those people that assumed a reading over the legal limit was not fightable. After one case in particular, I decided to really study how to challenge these cases, learn the breath testing equipment, and figure out how to defend these cases.
I attended seminars on theories of breath testing, I did advanced study regarding issues surrounding breath testing, and I bought the machines used by the State to test driver’s arrested for DWI.
I learned that there are many physiological issues relevant to breath testing, and there are many technical defenses, as well. Every case is different, and a thorough assessment of each individual and the facts of the particular case is required in order to properly defend someone of DWI in New Jersey.
A medical history of the client should be obtained by the lawyer representing the accused motorist to determine what, if any, physical issues exist that could affect breath testing or the results of such testing.
Discovery, such as police reports, video, and full documentation on the breath testing machine must be obtained and fully reviewed to see what technical issues can be explored regarding the breath testing.
If the machine is not certified properly, if the officer operating the machine is not certified, if the protocols regarding the testing procedure are not followed — these are a few of the areas that a qualified DWI attorney would explore in order to defend a DWI case.
Neither the client, defense lawyer, prosecutor, judge, or police officer must ever assume that all of these cases are alike, or that the issues in the cases are similar. DWI cases are extremely complex, and require diligent and aggressive representation to determine the best way to defend each particular case.