After the State proves a valid traffic stop and operation of the motor vehicle, they must then provide proof of intoxication. First, the police officers typically conduct Field Sobriety Tests, such as walking a straight line ("the heel to toe test") or reciting the alphabet backwards. Under New Jersey law, N.J.S.A. 39:4-50, the legal limit is .08% Blood Alcohol Content (BAC). The typical means of proof of intoxication is through the use of a Breathalyzer or Alcotest machine. These machines provide your Blood Alcohol Content (BAC) to the officer to determine if you are driving over the legal limit.
In Romano v. Kimmelman, the Supreme Court of New Jersey held that it is the State's responsibility to establish all the requirements for the admissibility of breathalyzer results including that the breath test operator was legally qualified to do so, the breath test machine was functioning properly, and that the breath test was administered correctly. The New Jersey Attorney General is required to approve the methods of breath testing as well as the training and qualifications of the prospective operators. The individuals who seek to administer these tests must be certified to do so. The certification is essentially a license to administer the test and this operator's certificate must be provided by the State to show that the operator of the breathalyzer machine was licensed to do so. This is just one of many potential challenges to your driving while intoxicated (DWI) charge.
The experienced DWI defense attorneys at the Iler Law Firm will obtain the discovery evidence from the State to determine if the State has sufficient evidence to sustain it's burden of production and burden of proof. Also, if you are on certain medications at the time of the breath test it may effect your readings significantly. As a result, if you or a loved one has been charged with driving under the influence in New Jersey, please contact the experienced lawyers at the Law Offices of Alexander M. Iler for immediate assistance.
