Challenging the Breath Test in DWI Case New Jersey
DWI Lawyers in Hackettstown, Phillipsburg, and Vernon NJ
Any time you get behind the wheel of a car in New Jersey, you have automatically consented to the taking of samples of your breath if there is a reasonable suspicion that you are driving while intoxicated. And if you are arrested for driving while intoxicated and refuse to provide breath samples, the penalties for refusing to provide a breath sample, as set forth in R.S. 39:4-50.4a, include a driver’s license suspension, fines, attending the Intoxicated Driver Resource Center, and an ignition interlock device. Currently, local police stations and State Trooper barracks in New Jersey use the Alcotest 7110 to administer breath tests to determine a driver’s blood alcohol content – the results of which may be used against you in the event that the tests were properly administered and if the machine was properly calibrated. If you are facing DWI/DUI charges in Warren or Sussex County you should contact us – our experienced team of defense attorneys includes a certified operator of the Alcotest 7110. Our attorneys have literally handled thousands of DWI cases in NJ including in Hopatcong, North Warren, Sparta, and Franklin Borough. In fact, our DWI defense team includes of former DWI prosecutor in New Jersey who now uses her knowledge and experienced to represent our clients facing DWI and DUI charges in NJ.
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Posted by Xavier
“I want to thank this office for getting my DWI dismissed. Being at the wrong place at the wrong time could get you in serious trouble. As soon as I called Travis he gave assurance that I had a strong case. Travis and Chris worked together to request the right discovery before trial. I was nervous and stressed during the whole process. They kept me calm and on my feet. As an advice to people who get involved with a DUI/DWI case, don’t believe all the stuff that is online. I read so many articles, blogs and stories from different people. I was making myself crazy. None of what I read was relevant to my case. Let the professionals take care of it.
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For a free initial consultation, contact our DWI attorneys now at 973-755-1695.
Challenging the Breath Test in NJ: Alcotest 7110 Breath Machine
According to R.S. 39:4-50.2(a), any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of law and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle while intoxicated or under the influence. The law further sets forth that a record, or Alcohol Influence Report, of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested. Moreover, in addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection. In fact, the police officer shall inform the person tested of his rights to obtain a record of the results of the breath test as well as the right to have samples taken of the person’s breath, urine, or blood by a person or physician of his own selection.
Our NJ DWI defense team includes a certified Alcotest 7110 operator who took the same classes and certification that the police officers took who administered your test. Contact our offices now to speak to him directly at 973-755-1695.
Although driving a car in New Jersey is considered giving consent to provide breath samples, no chemical test, or specimen necessary as it relates to a breath test, may be made or taken forcibly and against physical resistance thereto by the defendant. Additionally, the police officer shall inform the person arrested of the consequences of refusing to submit to such test and a standard statement shall be read by the police officer to the person under arrest. But the bottom is that in certain circumstances an improperly calibrated machine or an improper administration of the Alcotest may result in suppression of the results.
Need a lawyer for a DWI arrest in Sussex County? Call Us
Thus, if you were charged for driving while intoxicated in Sussex or Warren County, contact the attorneys at our law firm who are fully familiar with breath tests in New Jersey.