How a Faulty Breath Test Can Affect a DWI Case in New Jersey

Yes. Faulty breath-testing machines can sometimes weaken a New Jersey DWI case, but they do not automatically result in a dismissal. Prosecutors must still establish that breath test results are reliable and were obtained lawfully. If a breath-testing device was improperly calibrated, malfunctioned, or was operated incorrectly, those issues may affect whether the results can be used in court.

Our DWI lawyers at LACE Law in Hammonton, NJ, can review the breath test evidence, maintenance records, and testing procedures to determine whether we can challenge the prosecution’s case by raising issues with the machine or the investigation.

How Are Breath Test Results Used in DWI Cases?

Breath test results are often one piece of evidence prosecutors use to prove that a driver was operating a vehicle while under the influence of alcohol. In New Jersey, drivers who are lawfully arrested for DWI are generally subject to the state’s Implied Consent Law, N.J.S.A. 39:4-50.2, which requires them to submit to breath testing under certain circumstances.

While breath test results can be vital evidence, they are not always the only evidence presented. Prosecutors may also use the officer’s observations, driving behavior, field sobriety tests, body camera footage, and other evidence gathered during the investigation.

Can a Faulty Breath Machine Affect Your DWI Case in New Jersey?

Yes. Breath-testing devices, such as the various Alcotest devices used in NJ, must be properly maintained, calibrated, and operated in accordance with legal and scientific requirements. If the machine was not functioning correctly or procedures were not followed, the reliability of the breath test may be called into question. For instance, maintenance records may reveal calibration issues, required inspections may not have been completed, or the operator may not have followed the proper testing protocol before administering the breath test.

Our DWI attorneys in Hammonton, NJ, can obtain and review maintenance records, calibration documents, operator certifications, and other evidence to determine whether we can challenge the breath test results.

What Other Problems Can Make Breath Test Results Unreliable?

A malfunctioning machine is only one issue that may affect the reliability of a breath test. Other factors may include:

• Improper calibration or maintenance
• Operator error
• Failure to follow required testing procedures
• Medical conditions that may affect breath alcohol readings
• Missing or incomplete maintenance and calibration records
• Problems with the required pre-test observation period (generally at least 20 minutes before testing)

Every issue does not automatically invalidate a breath test, but each should be carefully examined as part of your defense. Our Hammonton, NJ, DWI lawyers can evaluate both the scientific evidence and the testing procedures to determine whether the prosecution can establish that the reported results are reliable.

Does a Faulty Breath Test Automatically Mean Your DWI Charge Will Be Dismissed?

No. Even if the breath test is excluded or successfully challenged, the prosecution may still use other evidence to support the DWI charge. For instance, they may present testimony about your driving, physical appearance, statements made during the traffic stop, or your performance on field sobriety tests. Whether a case is dismissed depends on the strength of all the evidence and not solely on the breath test results. A careful review of the prosecution’s evidence can help determine whether the remaining evidence is sufficient to support the charge.

Suspected of Driving While Intoxicated? Talk to Our Hammonton, NJ, DWI Attorneys Today

Remember that a breath test result does not automatically determine the outcome of a DWI case. Our legal team at LACE Law can evaluate the breath test evidence, identify weaknesses in the prosecution’s case, and determine whether legal or scientific issues may support reducing or dismissing the charges. Arrange your no-cost consultation by contacting us online or at 609-225-4065.