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Challenging a breath test

On Behalf of | Feb 15, 2022 | Criminal Defense |

The Breathalyzer test that is administered after an arrest for suspicion of DUI is not an infallible measurement. Many New Jersey residents who are stopped under suspicion of DUI do not realize that even the machine viability can be contested in court. And in addition, a field sobriety test alone is not considered material evidence by the court in proving a charge of driving under the influence. Here are a few methods people can use as a defense.

Outdated calibration records

The first issue with an official BAC analyzer is regular inspection and calibration. All BAC breath analyzers have specific standards that must be regularly inspected and set for accuracy. Failure to meet these guidelines at any police station could be central to any criminal defense argument.

Illegal search

Conducting a breath test using the electronic method could also be an illegal and unreasonable search in some cases. Officers must have reasonable suspicion before they can investigate, and the fact that one is even demanded from an officer can be illegal search and personal detention of a sober suspect when they are not impaired.

Unqualified officer

Reading the results of a Breathalyzer is not an easy task for some officers. Knowing how to conduct the test is part of officer certification, and many officers have not been fully trained before being placed on duty early in their careers. Given the turnover among police officers, this is becoming more common as a charge defense.

These are just a few of the directions that you may take in defending a DUI charge. It is also important to remember that a DUI in New Jersey is actually a traffic violation instead of a criminal offense for the most part, but criminal charges can be filed in association with a DUI.