Are Breath Tests Always Accurate in New Jersey DWI Arrests?

Breath tests administered during driving while intoxicated (DWI) stops are not infallible. Factors such as device maintenance, officer technique, and medical conditions can affect accuracy. A flawed reading does not have to define the outcome of your case, and a solid DWI defense often begins with questioning the reliability of the test itself.

Can You Refuse a Breath Test in New Jersey?

New Jersey operates under an implied consent law, meaning you agreed to submit to breath testing when you obtained your driver’s license. Refusing to take the Alcotest at the station carries penalties that can be just as severe as a DWI conviction itself, including license suspension and fines.

Reasons for Potential Inaccuracy

Breath test results may appear definitive, but the science behind them is far from perfect. Several factors can produce inflated or unreliable readings that do not reflect your actual level of impairment.

Improper Calibration

The Alcotest 7110 must undergo regular calibration and inspection to produce dependable results. Atlantic County law enforcement agencies, including the Hammonton Police Department and the Egg Harbor Township Police, are required to follow strict maintenance schedules. When calibration records are incomplete, overdue, or missing altogether, the accuracy of any reading generated by that device becomes questionable.

Procedural Errors

Officers must follow specific steps before and during breath testing to maintain the integrity of the results. Failures that can compromise an Alcotest reading include:

• Not observing the 20-minute waiting period before administering the test
• Failing to collect two breath samples within an acceptable tolerance
• Not following the standard operating procedures outlined by the New Jersey State Police

Medical Conditions and Medications

Certain health conditions can interfere with breath test accuracy in ways that have nothing to do with alcohol consumption. Gastroesophageal reflux disease (GERD), diabetes, and chronic respiratory conditions can produce mouth alcohol or acetone that the Alcotest may misread as ethanol. Some medications, such as asthma inhalers and certain over-the-counter products, can also trigger falsely elevated BAC results.

Human Error

The officer administering the test plays a direct role in the accuracy of the outcome. Mistakes that can affect the reliability of a breath test reading include:

• Inadequate training on operating the Alcotest device
• Failing to document the testing process correctly
• Ignoring signs that the subject has recently vomited, burped, or consumed food

Burden of Proof

A BAC of 0.08% or higher creates a presumption of intoxication. However, the prosecution must prove that the test was administered correctly and that the results are trustworthy before that number can be used against you in the Atlantic County Municipal Courts or Superior Court. The prosecutor must prove every element of your DWI charge beyond a reasonable doubt, leaving room for defense challenges.

Defending Your Rights Against Faulty Alcotest Readings

If you are facing a DWI charge in Atlantic County based on a breath test result you believe was inaccurate, our attorneys at LACE Law want to hear from you. With experience as a former prosecutor and recognition as a certified trial attorney, our DWI defense lawyer brings a perspective shaped by years on both sides of the courtroom.

That background allows our legal team to identify weaknesses in the state’s testing procedures that others might overlook. Call LACE Law at (609) 225-4065 or reach out online to schedule a free 30-minute consultation and start building a defense that holds the evidence to the standard it deserves.