Blood Tests in DWI Cases

New Jersey Police Agencies rely on the breathalyzer to provide the evidence of a suspected drunk driver's blood alcohol concentration (BAC) in the vast majority of cases. However, there will be occasions when the police will seek to obtain this vital evidence by taking a sample of the defendant's blood for testing and analysis. Typically, the extraction of a blood sample from the body of the Continue Reading...

Breath Tests and “Reasonable Time”

Prosecutions of DWI cases requires that the breathalyzer test be administered within a reasonable time after a defendant is stopped for drunk driving. Judge Haines discussed this issue in State v. DiFrancisco, 232 N.J. Super 317 (Law Div. 1988). "One required proof as to the proper administration of the test is that it be performed within reasonable time after the defendant has been stopped for Continue Reading...

DWI Strategies in New Jersey

We had a client come in recently who was charged with DWI in New Jersey. Her breathalyzer readings showed a blood alcohol content of .09 and .08 (the test is administered twice). In New Jersey, in terms of a prosecution for driving while intoxicated, the State is forced to use the lower of the two readings (in this case .08). The legal limit in New Jersey is .08 % BAC. Therefore, this client's Continue Reading...

Breath Testing Devices

The following are important New Jersey Supreme Court decisions concerning the admissibility of breath test results. In State v. Garthe, 145 N.J. 1 (1996), the Court held that the protocols established by the State police for testing breathalyzer machines must be designed to ensure the machine will produce reliable results, but that the adoption of those protocols is more akin to a State Police Continue Reading...

Breath Test Refusal Clarified by NJ Supreme Court

The Supreme Court's recent decision in State v. Spell appears to have created bad law for the defense.  The issue in Spell was whether or not a police officer had to read the second paragraph of the refusal form in all instances.  The Appellate Division concluded that this was always a requirement even when an accused unequivocally refuses to provide a breath test.  The Supreme Court disagreed, Continue Reading...