Facing drunk driving charges in New Jersey can feel overwhelming, particularly when police rely on Alcotest machine readings. Many drivers assume this data is definitive proof of guilt, but that is not always the case. Before these results can be used against you, the state must prove they were gathered correctly and follow strict protocols. The consequences of a conviction can be severe, involving license loss and other penalties that vary based on the specific BAC reading. Consequently, ensuring the state meets its burden of proof is vital to your defense strategy.
Steps to Challenge Breath Test Evidence in Municipal Court
If you believe the testing procedures or the circumstances of your arrest were flawed, you may have grounds to seek suppression. Consider the following steps to evaluate your defense:
- Request discovery. Under state court rules, your defense team should formally ask for police reports, video footage, maintenance logs, and credentials for the device operator. Getting this full documentation is the first step toward identifying potential flaws or missing records.
- Analyze the initial traffic stop. Determine if the officer possessed a valid reason for pulling you over. If the stop lacked reasonable suspicion, any data gathered afterward might be vulnerable to exclusion by the court.
- Validate the arrest grounds. Check if the officer had sufficient facts to justify the drunk driving arrest. Without probable cause, evidence collected following the arrest could be challenged in court.
- Investigate the 20-minute observation window. The testing protocol dictates that you must be under continuous watch for at least 20 minutes before the test to prevent mouth contamination from food, drink, or regurgitation. Review timestamps and footage to verify this wait time was properly observed without interruption.
- Review machine calibration records. Ensure the device was maintained according to requirements. Look for missing or faulty documentation regarding the simulator solution, calibration reports, or thermometer usage, as these errors can undermine the accuracy of the reading.
- Submit a suppression motion. If you identify issues, file the necessary paperwork with the municipal court before the trial begins. Failing to submit this motion early usually means you give up the right to object to the evidence later, unless the court allows a late filing for good cause.
- Participate in an evidentiary hearing. If the judge agrees to hear your challenge, be prepared to present your evidence, including video or witness testimony, to demonstrate why the breath result is unreliable.
- Assess the remaining case. Remember that removing the breath test result does not guarantee the charges will disappear. The prosecutor can still attempt to prove impairment using other observations, such as your driving behavior, speech, physical appearance, or field sobriety test performance.
Suppressing the result removes the BAC reading, but it does not automatically lead to a dismissal, as the state may still rely on other observational evidence. For the full detail, including the exceptions, read the original article from our New Jersey DUI defense attorney.
About the author
Rachel Kugel leads The Kugel Law Firm, which devotes its practice to DWI defense in New York and New Jersey. A member of the National College for DUI Defense and the DUI Defense Lawyers Association, she has been invited to speak on DWI defense by the New Jersey State Bar Association, Garden State CLE and Avvo Lawyernomics.
Where to find us in New Jersey
The Kugel Law Firm is at 1 Gateway Center, Suite 2600, Newark, NJ 07102, and the phone is (973) 854-0098.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
