Other Drug and Alcohol Offenses
In New Jersey you can be found not guilty of DWI if the Alcotest breath test machine:
1. Was not working properly;
2. The breath test operator was not properly certified;
3. The breath test machine was not properly calibrated;
4. The breath tests were not administered properly; and
5. The breath tests were not given by a qualified operator.
There are many potential avenues to contest the Alcotest readings and they include;
1. The Aloctest is out of calibration.
2. The BAC readings were not within acceptable tolerances.
3. There was cell phone or other types of electronic interference
4. The police officers did not conduct a twenty minute observation of the defendant.
5. The simulator solution has expired.
6. There was no two minute lock out between the BAC readings.
7. The police officer failed to change the mouthpiece between the two readings.
8. The prosecutor failed to produce foundational documents or other discovery.
9. The prosecutor failed to provide the data download discovery.
10. The repair records reveal that the Alcotest Machine has a history of malfunctioning.
Mouthpiece, Cell phones and Instructions to Blow
The breath test operator is required by protocol to “attach”;
A disposable mouthpiece and proves cell phones and portable electronic devices from the testing area. The operator is required to read the following instruction to the test subject: “I want you to take a deep breath and blow in the mouthpiece with one long, continuous breath. Continue to blow until I tell you to stop. Do you understand these instructions?” See, State v. Chun, Id. At 80-81.
In many cases, the police officer will fail to follow these instructions.
