New Jersey DWI 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 or you will be charged with Refusal (which includes the same penalties as driving while intoxicated). The breathalyzer test is the primary method by which law enforcement accurately determine a suspected intoxicated driver's blood alcohol content.
Burden of Production 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 Operator of New Jersey 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. This certification or license may be revoked by the Attorney General. 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.
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 driving while intoxicated (DWI) or refusal to submit to a breath test in New Jersey, 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 Alexander M. Iler are available immediately for a free initial consultation.
