Nearly 5 years ago, the State offered the Alcotest 7110 to replace the previous Breathalyzer citing that this “new” Alcotest breath test device is revolutionary (having two technologies running simultaneously to analyze a breath sample namely, IR and EC and equipped with a functioning computer). The Alcotest was put to the test in State v. Chun, 194 N.J. 54 (2008) where, after a drawn out litigation process, the Court deemed the Alcotest scientifically reliable.
However now nearly 5 years later and after the Alcotest was used to prosecute countless of individuals on a per se basis, the Alcotest may simply be no more scientifically reliable then an average toy breath test device sold at a gift shop. On June 4, 2013 the NJ Attorney General indicated the controls on the Alcotest set forth in State v. Chun be RELAXED until it is replaced.
Currently, there is a case pending in Federal District Court challenging the accuracy and reliability of the Alcotest in its use as a breath test device for the detection and prosecution of individuals for DWI.
If you have any additional questions or concerns, give Dan T. Matrafajlo a call to discuss your rights.
