If you have been charged with DWI on the basis of a failed breathalyzer test, your New Jersey DWI lawyer will be able to draw on various strategies to challenge the results. In order to determine which strategies best position you to refute your failed test results, your New Jersey DWI Attorney may want to conduct investigation into several issues,including the following:
- Arresting officer’s experience with the breathalyzer. It is possible the officer who arrested you never received proper training on the machine used for your test, recently transferred to a new department that uses a different machine, or is relatively new to the job. If any of these facts exist, your New Jersey DWI lawyer can point to them as evidence that your test was improperly administered and therefore invalid.
- Laboratory Information. Is the lab that processed your test licensed? Did it utilize an acceptable method for analyzing breath tests?
- The Machine. Your New Jersey DWI lawyer may want to review the manual for the breathalyzer used in your case to verify it is properly maintained. Additionally, he or she may want to review accuracy-check records to confirm the machine is operating correctly and logs showing how many persons were tested during the period two months before and after you were tested.
We Can Help
If you have failed a breathalyzer test, your ability to discredit the results may be the most crucial element of successfully defending against your DWI charge. A New Jersey DWI lawyer can examine the circumstances that led to your failed test, develop alternative theories to intoxication that explain your results, and hopefully, minimize the impact of the results on your case. For a free consultation with a New Jersey DWI lawyer, please contact Dan Matrafajlo, Esq. at (908) 248-4404.
