DiLorenzo & Rush | Counselors of Law
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Is it possible to challenge New Jersey breathalyzer results?

On Behalf of | Mar 8, 2024 | Criminal Defense

Breathalyzer results wield substantial influence in DUI cases. Left unchallenged, they can determine the fate of individuals accused of driving under the influence. However, the accuracy and reliability of these results are not infallible, and it is crucial to understand the avenues available for challenging them.

Understanding breathalyzer operation

Breathalyzer devices gauge Blood Alcohol Concentration by measuring alcohol vapor in exhaled breath. While seemingly straightforward, several factors can introduce errors into readings, which is why their results can be challenged both prior to court and in court.

Calibration

Proper calibration is essential for accuracy. Failure to calibrate regularly can lead to overestimated BAC readings. This is why challenging the calibration can be successful. If there are irregularities in calibration records, it could cast doubt on the accuracy of the breathalyzer reading.

Environmental factors

External environmental factors like temperature and humidity can impact results. This can be especially relevant if you blew just over the legal limit.

Interfering substances

There are substances that can interfere with the BAC test, which are known as interfering substances. These substances that are not alcohol in the breath could influence readings, and they can be the basis of a BAC challenge.

Expert witnesses

Expert testimony can help challenge BAC test results. This is especially true if it is from chemists familiar with breathalyzer technology. They can testify to potential flaws in the device’s operation, which bolsters your credibility and the credibility of your defense.

Independent BAC testing

Seeking an independent BAC test, such as a blood sample analysis, can provide contrasting results to challenge the breathalyzer reading presented in court. Though, the relevancy of such a test will depend on whether you are arrested and when you are released.

Conclusion

In conclusion, meticulous scrutiny of breathalyzer results is crucial for effective DUI defense. By understanding the nuances of breathalyzer operation and leveraging strategic approaches, individuals can challenge these results and potentially alter the outcome of their cases.