When a person is subject to a traffic stop in New Jersey and suspected of driving while intoxicated (DWI), he or she will be asked to submit to a test to determine the level of alcohol in the system. This is done by a device known as a breathalyzer. There is no legal right for a person suspected of drunk driving to refuse a breath test. If there is a refusal, the driver can be charged with an additional violation during the arrest.
In New Jersey, a reading of 0.08% blood alcohol content (BAC) is legally drunk. There are more severe penalties if a person has a BAC of greater than 0.10% and if the driver is a arrested for a 2nd DWI, 3rd DWI or more, the punishments grow more severe as the infractions pile up.
There are numerous penalties that accompany a DWI arrest, including fines, driver’s license suspension, requirements to attend various programs and the possibility of an ignition interlock device being placed on the person’s vehicle.
The Breathalyzer Must be Certified and Properly Calibrated
There are rules that law enforcement must adhere to in administering breath tests in order for the results to be deemed valid and admissible in court. There are circumstances in which a mistake in procedure is made or the machine is faulty, among other possibilities, that could render the test invalid. The defendant may avoid conviction for DWI or refusal if the circumstances of their charge can establish that the breathalyzer device was not properly calibrated or certificates are missing.
It is required by law that the breathalyzer be calibrated properly. The machine must have several inspection certificates, including one conducted before the test was given to the defendant and one dated after the test. The machine must have been tested with solutions that will stimulate its readings to make sure that it is working correctly. There also must be a certificate detailing exactly when the machine had been serviced, as it must be done every six months.
If the machine does not have all of the above listed certifications and the officer administering the test is without a breathalyzer operator certification card that is up-to-date, the DWI charge may be dismissed due to faults with the test or the person conducting the test.
A DRE trained lawyer will be able to help you determine whether proper procedure was followed during your DWI arrest. Talking to a certified DWI lawyer in NJ is an essential first step in building your DUI case.
Contact a DWI Attorney to Discuss Your Charge
If you have been arrested and charged with DWI in Long Branch, Point Pleasant or any town in Ocean County or Monmouth County, New Jersey, it is important they you are aware of your legal rights. Part of your legal rights are to have been tested by a machine that maintains all of its proper certifications and is in proper working order. For legal assistance in a DWI case, contact the experienced DWI lawyers of Villani & DeLuca in Point Pleasant Beach, New Jersey.
Villani & DeLuca are experienced attorneys with knowledge of such issues as an improperly calibrated breathalyzer machine and they can help you. If you were charged with DWI and you would like to ensure that the breath test device was in good working order and its readings were correct, it’s imperative that you have quality legal advice. Call today for a free consultation to discuss your DWI charge!