Police officers must follow rigid procedures when operating the Alcotest

The Alcotest 7110 is a breath-alcohol analyzer used by almost all New Jersey law enforcement (whether federal, state or local) to establish a per se violation of our New Jersey drunk driving laws (as more fully outlined in N.J.S.A. 39:4-50).

According to the New Jersey State Police user manual, a police officer or other law enforcement official must change the mouth piece between each breath test taken by a subject. Basically, a subject is instructed to blow into a mouth piece that is attached to a tube that leads into the actual breath-test analyzer. That mouth piece must be changed at least twice for any individual subject blowing into the machine.

Therefore, if a New Jersey police officer fails to change the mouth piece between each breath test then a defendant/motorist has, at least, one defense to a charge of drinking and driving under the influence of alcohol. If you have additional questions, please feel free to call Dan T. Matrafajlo for a free consultation.

 

Email Us