Alcotest Digital Data – Fact or Fiction?

The New Jersey DWI defense bar has been speculating for some time as to what impact digital data would have on cases. I have spoken to numerous attorneys who hold themselves out as DWI experts and have gotten mixed reports as to the anticipated benefit of digital data. I can tell you that I learned first hand this week just how powerful a vehicle this information can be to NJ DWI Defense Attorneys.

We were retained to represent a young man who allegedly provided alcotest readings well above the 0.10 limit for a second-tier DWI. He was a first offender and was looking at seven months to one year of suspension based on the readings. We fought hard to obtain the digital data. The data was provided to our expert and, sure enough, it demonstrated that the alcotest was operating improperly. Specifically, the device was failing to purge for the required two minutes thereby violating the dictates of Chun.

Based on our effort, we were able to get the state to agree to a first-tier DWI and three months suspension. This outcome saved our client at least four months of suspension. He was ecstatic.