Can I Challenge the Results of a Breathalyzer Test in New Jersey?

There are millions of arrests for drinking and driving across the United States every year. In the state of New Jersey, a person can be charged with driving while intoxicated (DWI) if their blood alcohol concentration (BAC) is 0.08% or higher. A person’s BAC can be established through a breath test. Because the breathalyzer is technology, it can be flawed and therefore results can be unreliable. Thousands of tests have been thrown out of court over the years as a result. 

While many people do not think to challenge the results of a breathalyzer test, doing so can sometimes prevent a conviction or minimize a potential sentence. When dealing with these situations, keep the following in mind:

Can Breathalyzer Tests Be Trusted?

There are a few reasons as to why a breath test is not completely reliable. Our court system has mandated that certain procedures and protocols be followed for the breath test results to be used as evidence against someone charged with drunk driving. When these procedures are not followed the accuracy of the results can be called into question and contested at trial. 

DWI Penalties in New Jersey

If a breathalyzer test says that a driver’s BAC is over the legal limit of 0.08%c, they may be subject to certain consequences. Being charged with a DWI in the state of New Jersey can significantly impact a person’s future. The consequences of a first offense DWI can include the following:

  • A maximum 30 days of incarceration
  • Driver’s license suspension for up to 7 months
  • Mandatory installation of the ignition interlock on your vehicle
  • $1000 surcharge every year for 3 years
  • A fine between $250 and $400
  • 12-48 hours in the Intoxicated Driver Resource Center
  • $100 fee for the Alcohol Education and Rehabilitation Fund
  • $100 Drunk Driving Fund fee
  • $75 Neighborhood Services Fund fee

It is important to know that if a driver is a repeat offender, these penalties become gradually more severe. 

Contact our Firm

If you or someone you know is charged with a DWI and wishes to speak with an experienced attorney, contact REM Katcher Law Group P.C. today.