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If I blew over the limit am I automatically guilty of DWI?

NJ DWI FAQ  |  See also:  NJ Criminal Defense FAQ

Q) If I blew over the limit am I automatically guilty?

A) NO.  The Alcotest® 7110 is very sensitive and temperamental.  It requires constant maintenance and involves many features that can affect the accuracy of its BAC calculation and thus admissibility to convict you.  New Jersey DUI Laws are dynamic in that Courts and Judges decide cases every day that affect the laws governing DUI and DUI defenses.   Seemingly minor procedural mistakes can greatly effect the BAC readings and their admissibility in court.  These procedures can be as minor as failing to change the mouthpiece or as blatant as a failure to properly observe the individual for the legally mandated timeframe before administering the breath test.  Minor deficiencies may result in challenges that can render the reading invalid, and thus potentially preventing the State from convicting you of a DWI or DUI.
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