DWI/DUI Impact - Supreme Court Decision on Alcotest Breath Testing Device

New Jersey Supreme Court holds Alcotest Breath Testing Device Reliable

A decision in State v. Chun, et al, has been rendered by the New Jersey Supreme Court that held that the Alcotest breath testing device is scientifically reliable and may be used in convicting those charged with drunk driving offenses in the State of New Jersey. In a 131 page opinion, the Court established rules for the admissibility of the results of that breath testing device.

This decision has important significance to all those people charged with DWI. It applies to all cases, past and present involving the alcotest breath testing device.  Cases will be returned to court to determine if the prior test results were admissible. Those defendants who entered conditional pleas should contact an experienced attorney immediately to discuss the ramifications of the Chun decision on their particular case. Anyone now facing DWI charges should consult with an attorney to review their case to determine if the alcotest results can be used against them. The consequences of a DWI conviction are very severe. There are significant fines, penalties and loss of license.  An individual with an alcohol level between .08% and less than .01% are subject to a three-month loss of license, while an individual with a .10% alcohol level is subject to a seven to twelve-month loss of license. Additionally, there is a penalty of $3,000 levied by the Motor Vehicle Commission as a DWI surcharge. The fines, penalties and license loss are far more significant for second offenders (2-year loss of license) and third offenders (10-year loss of license). The consequences are also significantly increased if the offense occurred in a school zone. For third offenders there is a mandatory period of incarceration of 180 days; 90 days of which can be spent in an inpatient rehabilitiation center.

A DWI/DUI charge carries with it the greatest of consequences. Therefore, all DWI/DUI cases should be reviewed by competent counsel who is experienced in that field of law.  Michael R. Ascher, Esq. has been practicing DWI law for approximately 30 years. He began his career as prosecutor presenting cases on behalf of the State against drunk drivers.  He has been defending persons charged with DWI/DUI offenses and refusal to take breathalyzer tests for 25 years.