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 readings are right at the legal limit. In this case, you can retain a breathalyzer expert (usually a former State trooper) to show that the breathalyzer machines are not perfect and usually have a .01% human error in the blood alcohol readings. As a result, if we are able to show that this error exists and that the .08% readings are possibly .07% (below the legal limit), the State will be unable to prove driving while intoxicated beyond a reasonable doubt. Therefore, our client will avoid a DWI charge on her record and will avoid a minimum three month license suspension (which is required for BAC readings between .08% and .10 % in NJ).
About John Marshall
Founding partner at The Law Offices of John Marshall.