NJ DWI Breath Testing Fallacy

New Jersey DWI breath testing is not reliable and should be challenged by a qualified DWI lawyer.

“So, what you’re telling us is that the world is round, even though we all believe it is flat.” That is essentially what the judge said, who handled the original scientific reliability hearing in State v. Chun. This encapsulates the system’s view of breath testing in New Jersey and the world.

Breath testing has been demonstrated by scientific experts in the field to be up to 100% inaccurate. However, courts across the country have accepted the “forensic science” of breath testing, and have allowed this mechanism to be utilized to wrongly convict people of DWI. Many scholars have written on the subject, and those articles are available for review.

That is what frames the landscape for what the New Jersey Supreme Court did in its September 18, 2013 order, holding that the Alcotest machine used in New Jersey is still generally scientifically reliable. Despite giving conditional approval five years ago regarding the machine, requiring the state to modify the software in the machine to make it reliable, and the state clearly having failed to follow the court order, the New Jersey Supreme Court allowed the state to ignore the required changes, and proceed with the machine of software in its unreliable format.

I have been litigating State v. Chun for over eight years now, in various forms. Ironically, the breath testing in Ms. Chun’s case was dismissed.

The recent decision by the New Jersey Supreme Court ratified the states failure to comply with the five-year-old court order underscores the absolute need for continued aggressive representation of defendants charged with DWI in the New Jersey Court system.

There are many defenses available to DWI defendants in New Jersey. It is critical to have qualified counsel who will thoroughly examine the evidence that the state seeks to use against the citizens accused.

Please contact us at Levow & Associates for a free consultation to discuss your case.

DWI charges can be challenged and won in New Jersey.

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