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Middlesex County Criminal Defense Lawyer

  • Over 200 Years of Combined Experience
  • Former Director in Middlesex County Prosecutor's Office
  • Certified Criminal Trial Attorneys
  • Former Municipal Prosecutor in Edison, Woodbridge, New Brunswick, Piscataway & Other Local Towns
  • 10 Attorneys Practicing Exclusively in DUI & Criminal Defense

Breathalyzer Tests

East Brunswick NJ DWI Defense Lawyers

The New Jersey Drinking and Driving Statute, N.J.S.A. 39:4-50(a), clearly enumerates the use of a breath-alcohol test to determine a suspected drunk driver’s blood alcohol concentration (BAC). Under New Jersey Law, operators of motor vehicles give their “implied consent” to submit to a breath testing device when required. Thus, if you drive in the State of NJ you must submit to a breathalyzer when required by police in East Brunswick or you will be charged with Refusal (which largely includes the same penalties as driving while intoxicated). A breath test is the primary method by which law enforcement accurately determines a suspected intoxicated driver’s blood alcohol content. It naturally follows that breath test results must be eliminated from a case if there is going to be any hope of a downgrade or dismissal of the charge. This is why 4 of our DWI defense lawyers among 50 or so in the state that hold certification on the breath test, something which why view as imperative if we are going to provide clients with the best opportunity for success. Contact our East Brunswick Office at 732-227-1200 to speak to an attorney on our team anytime 24/7 about your DWI in Piscataway, New Brunswick, South Brunswick or another municipal court in the county.

Burden of Proof in New Jersey DWI Cases

In the landmark DWI case of Romano v. Kimmelman, the New Jersey Supreme Court held that the responsibility for establishing all of the various conditions of admissibility of Breathalyzer results is to be allocated to the State. Thus, it is the municipal prosecutor’s responsibility to establish all the evidential proofs such as the Breathalyzer machine functioning properly, that the machine was in proper working condition, and that the test was correctly administered.

Qualified Operators of NJ Breathalyzer Machines

The State must also show that the individual who administered the test was authorized to do so. The New Jersey Attorney General is required to approve the methods of testing as well as the training and qualifications of persons who administer Breathalyzer tests. Individuals who seek to administer these tests must be certified to do so. The certification is basically a license to conduct breath tests on drivers in the State of NJ. The Attorney General may revoke this certification or license. Moreover, the license has an expiration date. In fact, the breathalyzer operator’s certificate is only valid for the year in which is was issued and the following two years. Finally, breathalyzer operators are required to undergo periodic retraining and re-certification.

South Brunswick NJ DWI Lawyer

As you can see, the State must prove many elements with regard to breathalyzer test results and a suspected intoxicated driver’s blood alcohol content. Therefore, if you or a loved one has been charged with DWI or refusal to submit to a breath test in Middlesex County, including Woodbridge, East Brunswick, Sayreville or Plainsboro, it is imperative that you contact an experienced DWI lawyer to defend you. The criminal defense and traffic ticket attorneys at The Law Offices of Jonathan F. Marshall are available immediately for a free initial consultation. We are the largest DWI and DUI firm in the State of New Jersey. You can rest assured that we will provide you with the highest quality legal representation. Call 732-634-0700 today to speak with one of our experienced DWI attorneys or to set up an appointment at our Woodbridge office.

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