How Can I Challenge a Breathalyzer in New Jersey?

If you have been arrested for a DUI (Driving Under the Influence) in New Jersey, chances are that the arresting officer administered a breath test before your arrest. While the results of a breathalyzer are generally considered valid and can be used as evidence in court, it is possible to challenge the validity or accuracy of the test. For more information and to secure skilled legal representation during your case, reach out to a knowledgeable Mercer County DUI lawyer today.

Do I Have to Submit to a Breath Test?

If you are interested in how to challenge the results of one, you may be wondering whether you have to submit to a breathalyzer test in the first place. The answer is yes, you are required to take the test.

New Jersey imposes implied consent laws that essentially state that all individuals who drive a car on a pubic road have given their implicit consent to submit to a breathalyzer test. P.L. 1966, c.142 states the following.

“Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath or blood for the purpose of making chemical tests to determine the content of alcohol or any narcotic, hallucinogenic, or habit-producing drug in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds…”

If you refuse, you can face penalties in addition to a DUI conviction, like a license suspension and significant fines.

How Can I Challenge a Breathalyzer in NJ?

There are several ways that you can challenge a breathalyzer in your DUI case. Consider the following.

1. Device not calibrated: All breathalyzer devices must be calibrated and maintained regularly to ensure proper operation. You can check the service records to determine whether the device was up to date.
2. User error: Police officers must be licensed to operate the breathalyzer. If their certification expired or they did not follow proper procedures, you could argue that user error messed with the results.
3. Environmental factors: Certain environmental factors could influence the outcome of the test, like medical conditions, medications, diet, mouthwash, temperature, etc.
4. Illegal stop: The breath test is only admissible if it was obtained during a lawful stop and arrest. If the traffic stop or arrest lacked probable cause, you may be able to suppress the collected evidence.
5. Mishandled sample: It is imperative that evidence is handled properly to maintain its integrity. If the sample was mishandled, lost, or stored improperly, it may be considered inadmissible.

Speak with your attorney about implementing one or more of the above defenses. Reach out to the Law Office of Douglas Herring for more information and legal advice today.