New Jersey DWI Law: Breathalyzer Tests
Many times individuals charged with DWI come to my Red Bank, NJ office and ask "What is a breathalyzer test and what does it do?" Here is a brief overview of breathalyzer tests and their relevance to New Jersey DWI cases.
The New Jersey Drinking and Driving Statute, N.J.S.A. 39:4-50, explicitly discusses the use of a breath-alcohol test to determine a suspected drunk driver's blood alcohol concentration (BAC). Under New Jersey Law, operators of motor vehicles give their "implied consent" to submit to a breath testing device when required. Thus, if you drive in the State of NJ you must submit to a breathalyzer when required by police or you will be charged with Refusal to Submit to a Breath Test (which includes the same penalties as driving while intoxicated). The breathalyzer test is the primary method by which law enforcement accurately determine a suspected intoxicated driver's blood alcohol content.
In Romano v. Kimmelman, the New Jersey Supreme Court held that the responsibility for establishing all of the various conditions of admissibility of breathalyzer results is to be allocated to the State. Thus, it is the municipal prosecutor's responsibility to establish all the evidential proofs such as the breathalyzer machine functioning properly, that the machine was in proper working condition, and that the test was correctly administered. The State must also show that the individual who administered the test was authorized to do so. The New Jersey Attorney General is required to approve the methods of testing as well as the training and qualifications of persons who administer breathalyzer tests. Individuals who seek to adminster these tests must be certified to do so. The certification is basically a license to conduct breath tests on drivers in the State of NJ. This certification or license may be revoked by the Attorney General. Moreover, the license has an expiration date. In fact, the breathalyzer operator's certificate is only valid for the year in which is was issued and the following two years. Finally, breathalyzer operators are required to undergo periodic retraining and re-certification.
As a result, there are many potential challenges to a driving while intoxicated (DWI) charge. Although plea bargaining DWI charges is illegal in NJ, the charge may be dismissed entirely if there are issues surrounding the traffic stop, proof of intoxication, or proof of operation of the vehicle. Therefore, it is important to consult with an experienced DWI lawyer when facing these serious charges.
