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Defending Individuals' Rights Since 1955
The Middlesex County criminal attorneys at Aiello, Harris, Abate Law Group PC understand how to challenge the tests that determine your BAC. We can also inform you of the consequences if you fail to undergo a breath test. We have been fighting for those accused of crimes since 1955. We leave no stone unturned to help you win an acquittal. We examine each minute component of the breath machine, including who administered the test and how it was administered. Breath tests are often thrown out because they weren’t reliable.
The amount of blood alcohol content (BAC) in a driver’s system is used to determine what criminal charges should be brought. A driver whose BAC is .08 or more will be charged with Driving While Intoxicated (DWI). The penalties increase if the BAC is .10 or more, and increase even further if the BAC is .15 or more. A drunk driving conviction means jail time, huge fines, suspension of driving privileges, and increased insurance rates when you are allowed to drive again.
Case Study
The DWI attorneys at Aiello, Harris, Abate, Law Group PC recently appeared in Chatham Township Municipal Court. The defendant was charged with DWI (drunk driving) in violation of N.J.S.A. 39:4-50, reckless driving in violation of N.J.S.A. 39:4-96, failure to maintain lane in violation of N.J.S.A. 39:4-88a, possession of an open alcohol container in violation of N.J.S.A. 39:4-51B, and maintenance of lamps in violation of N.J.S.A. 39:3-66.
In New Jersey, the police use a machine called the Dräger Alcotest® 7110 to test a driver they think may have a blood alcohol level of .08 or more. The machine generally uses two tests to determine the amount of ethanol alcohol in someone’s body. The first test is an infrared light test that the officer uses to determine how much infrared light is transmitted from a source to a detector without the presence of alcohol. In the second test, the driver breathes into the machine. Because alcohol absorbs infrared frequencies, the amount of infrared light passing through it changes. The amount of the change is used to determine how much alcohol the driver has in his system. Typically, a third breath test is administered to verify the consistency of the results. Another type of Alcotest analysis uses electrochemical analysis to determine the blood alcohol level.
Using the Alcotest 7110 is highly complicated. The officer conducting the test must complete several steps to ensure the machine produces accurate results. In addition to the three tests, the officer must check the ambient air in the machine. The driver must blow into the machine for 4.5 seconds and blow in specific amounts of air. There are also strict time limits between each test that must be met.
The reliability of breath tests also depends on various factors, including the driver’s weight, body temperature, and metabolism.
The Dräger Alcotest 9510 is a new breath test machine being used in other states. The reliability of the tests from this machine is being contested in these states. Massachusetts recently disqualified all Alcotest 9510 tests taken before September 14, 2014.
New Jersey law N.J.S.A. 39:4-50.3 requires that breath tests be administered only by police officers who are properly certified as breath test operators. The certificate must be valid at the time the test is given.
Our Middlesex DWI lawyers:
If the card is defective in any way, the operator does not have the authority to give the test.
The challenges to the Alcotest 7110 that our lawyers make are:
Breathalyzer machines, such as the Alcotest 7110, must be regularly maintained and recalibrated to ensure their accuracy. If a machine was not timely checked, then the breath test results are invalid. Calibration is a complex process that must be done accurately.
Similar challenges are made to other breath test machines that might be used.
There are many defenses to a DUI in New Jersey. The police may not have had a reasonable suspicion that you committed a traffic offense. The officer may not have seen you driving. A primary defense of drunk driving charges is to show that the test used to determine your BAC was unreliable. At Aiello, Harris, Abate Law Group PC, our Middlesex drunk driving attorneys have achieved considerable success in demonstrating that the breath test was conducted improperly.
Call us today at (848) 346-2369 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at our Woodbridge, NJ, office or one of our other office locations across New Jersey.
The Aiello Harris Abate Law Group is made of a group of professionals that are here to help you through all challenges.
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