Many New Jersey DWI charges arise out of breath tests that indicate a blood alcohol concentration over the legal limit. Thus, if a defendant charged with DWI can prove that a breath test was inaccurate, he or she may be able to obtain a dismissal of his or her DWI charges. A defendant seeking to prove the results of a breath test are not reliable faces a high burden, however, as demonstrated in a recent New Jersey appellate court case. If you are charged with committing a DWI in New Jersey, it is prudent to speak to a knowledgeable New Jersey DWI defense attorney to discuss what defenses you may be able to argue to avoid a conviction.
Factual and Procedural History
Allegedly, police officers observed the defendant outside of his vacation home early in the morning. When they spoke with the defendant, they noticed he smelled of alcohol and had slurred speech and bloodshot eyes. The officers instructed the defendant not to drive but observed him driving with no headlights an hour later. He was arrested for suspicion of DWI and transported to the police station, where he underwent a breath test, which revealed his blood alcohol concentration to be .13%.
It is reported that the defendant was charged with and convicted of DWI. As it was his third DWI offense, the defendant was sentenced to a prison term of 190 days, and his license was revoked for ten years. He then appealed, arguing that the breath test that he was administered was unreliable, and therefore his conviction should be vacated. The court rejected the defendant’s arguments and affirmed his sentence. Continue reading