"Breathalyzer Test in DUI Cases"
There is no right to a lawyer for purposes of consultation prior to submitting to a breathalyzer test.
In order to obtain a conviction the police must demonstrate that the test results are admissible in court as evidence against the defendant.
For the results of a breath sample - administered in an East Brunswick, New Jersey Police station let's just say - to be admissible, the state must prove that the equipment was in proper working order - because perhaps the equipment used was out of calibration.
In addition, the state must prove that the operator was trained and qualified to administer the test - State must produce the correct and proper certifications to meet this burden.
Finally, the state must prove that the test was administered correctly - for example, the
20 minute protocol
was properly and correctly obeyed.
How do the breath testing machines work?
Alcohol is absorbed into the blood stream through the small intestine and passes through the lungs which eject carbon dioxide with alcohol molecules.
The presence of alcohol molecules is measured in a breath test which approximates the alcohol level in the blood.
Unfortunately, however, the machine does not distinguish between alcohol in the lung and alcohol trapped in the mouth in dentures for example, or bridges and other dental works.
Also alcohol molecules can be in the mouth if they are brought up from the stomach due to a belch or esophageal reflux episode.
Some of the most common and effective defenses employed by an experienced NJ DWI lawyer to a breath sample test include machine malfunction or unreliability, lack of proper observation or medical or environmental issues that may affect breath testing.
Do you have any questions for a NJ DWI Attorney about a breathalyzer test?