Re-Opening the Debate Regarding Breathalyzer Reliability in New Jersey

May 14, 2011

Re-Opening the Debate Regarding Breathalyzer Reliability in New Jersey

A digital thermometer contained within the Alcotest 7110 MKIII-C (commonly referred to as "The Alcotest") manufactured by Draeger Safety, the current distributor of Alcotest "breath testing devices" in New Jersey, is subject to a court hearing, after a Superior Court decision came down in April questioning whether the results from the device, which contains a new type of digital thermometer, are admissible in drunk driving prosecutions. An Alcotest breath testing device (sometimes also referred to as a breathalyzer) measures a person's blood alcohol content (BAC). Depending on a person's BAC, they can be legally considered intoxicated (if BAC over .10) or too impaired (BAC over .08 but less than .10) to drive. Unless the thermometers which are currently being utilized are found to be a suitable alternative for the thermometers which were approved by the New Jersey Supreme Court, DUI convictions which were based on evidence (the breath testing results) obtained from those devices may be called into question.

Breathalyzer Equipment Frequently Litigated

This is the second time in the last several years that Draeger Safety, the manufacturer and distributor of Alcotest machines for the State of New Jersey, has been subject to litigation. In 2008, the New Jersey Supreme Court held that the Alcotest was scientifically reliable and that the results of a breath test taken with the Alcotest are admissible, provided the State can prove: 1) the device was in working order and has been inspected according to procedure; 2) the operator was certified; and 3) the test was administered according to official procedure. In the opinion written by the New Jersey Supreme Court, it stated that the digital thermometer used to calibrate the device must be up to National Institute of Standards and Technology standards. The hearing will occur before the end of June and will decide whether the digital thermometers currently used in Alcotest machines throughout most of New Jersey are a suitable and acceptable alternative to the specific digital thermometer which was approved by the Supreme Court of New Jersey in 2008.

Implied Consent for Breathalyzer Testing

When a person operates a motor vehicle on the roads of this State, they are considered to have consented to submit to a breathalyzer test if under suspicion of driving while intoxicated. This means that if a driver refuses to submit to a breathalyzer test, he or she is breaking the law. A refusal to submit to a breathalyzer carries penalties which are as harsh (and sometimes harsher) than a first-time drunk driving offense.

An Experienced Defense Attorney Can Help Fight DUI Charges

Criminal defense attorneys will often question the methods law enforcement officials use when arresting a driver for DUI. From whether the officer had probable cause to pull a driver over, to the equipment used to prove BAC, a criminal defense attorney can make sure that the police used all proper procedures required by law. If you have been charged with drunk driving or a refusal, you need an experienced drunk driving attorney who can protect your rights and provide you with the best possible defense to the charges against you.

Article provided by Law Office of James J. Sayegh
Visit us at http://www.jjslawoffice.com