Breath Tests in NJ

Breath Test Refusal Trenton NJ

Do not make the mistake of assuming that your breath test results condemn you to an automatic DWI conviction. An experienced DWI attorney can potentially challenge your breath test results and get the evidence ruled inadmissible.

Hamilton NJ DUI Refusal Lawyers

Kamensky Cohen & Riechelson will fight your drunk driving charges and work hard to secure the best possible outcome for you. KCR is a highly respected law firm with a rich tradition and more than 40 years of experienced handling DWI cases throughout Mercer County, including Lawrence, Hightstown, and Princeton. We are hardworking and dedicated attorneys who take the time to listen to clients and address their concerns. Call us today so that a member of our DWI defense team can look over your file and help you figure out the next steps.

The Alcotest: Breath Testing in NJ DWI Cases

The legal limit for blood alcohol concentration (BAC) in New Jersey is .08 percent. If a police officer stops you for suspicion of drunk driving, they may ask you to take a breath test. In some cases, they will request that you take field sobriety tests, as well as a blood test.

Two Types of Breath Tests

1. Portable Breath Test (PBT)
The PBT is carried by patrol cars and typically administered by a police officer during a roadside stop. Since the test is unreliable, PBT results may not be used as proof of impaired driving; they may only be used to establish reasonable suspicion of a DWI. Additionally, the test is voluntary, so you cannot be charged with Refusal to Submit to a Breath Test for declining to take the PBT.

2. Alcotest 7110
This breath test is administered by NJ law enforcement at the police station. The device measures the amount of ethanol in a suspect’s blood. An Alcotest breath sample can be used by the prosecutor to prove that you were over the legal limit. Additionally, since all NJ drivers offer implied consent to take the Alcotest, you can be charged with Refusal is you decline to submit to this breath test.

Challenge Breath Tests in Mercer County

A breath sample that is over the legal limit does not always result in a DWI conviction. We may be able to challenge your sample based on:

  • Human error: It is entirely possible that your breath test was improperly administered by the police officer. If the person who administered the Alcotest was not properly certified to operate the device, the results are less reliable and likely inadmissible.
  • Procedural error: Law enforcement must follow follow strict protocols and procedural guidelines when administering the Alcotest. If the officer failed to read the Implied Consent Warning prior to giving you the test, your charges may be dismissed.
  • Machine error: The Alcotest is known to give inaccurate readings and suffer from glitches even under the most ideal circumstances for testing. If the machine was not properly maintained and regularly inspected, your breath test reading may be considered unreliable because it could have been affected by physiological issues.

Schedule a Free Consultation with Pennington DUI Lawyers

Let the experienced lawyers at Kamensky Cohen & Riechelson fight your DWI charges and challenge the breath test results in your case. Call us today, or fill out our online contact form to schedule a meeting at one of our conveniently located offices in Trenton and Pennington, NJ.

Contact Kamensky Cohen & Riechelson

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Call (609) 528-2596 or (215) 337-4915 or send us an email. We're here when you need us.