Breathalyzer Tests Coming Into Question Nationwide

Breathalyzer Tests Coming Into Question Nationwide

Recently, there has been a nationwide surge of challenging DWI tickets, citing invalid breathalyzer testing. In fact, in the state of Massachusetts, all DWI charges from the last 8 years have recently been totally dropped. Fortunately for those being charged, this adds an additional potential defense that an experienced attorney can use to their advantage. If you are being charged with a DWI in the state of New Jersey, you need an attorney more now than ever. Here are some of the questions you may have regarding the legal process going forward:

What are the penalties for a first-offense DWI in New Jersey?

If this is your first-offense DWI, starting December 1st there will be new laws coming into effect. The new punishment for a first-offense DWI in New Jersey is as follows:

  • Mandatory ignition interlock device at your own cost for 3-6 months
  • A 30-day license suspension
  • A $250-$500 fine
  • 12-48 hours at the Intoxicated Driver Resource Center
  • Up to 30 days in jail

What are the consequences of a second DWI offense?

The consequences of a second DWI in New Jersey are as follows:

  • Up to 90 days incarceration
  • 2-year loss of your license
  • A $1000 yearly surcharge for 3 years
  • A $100 Drunk Driving Fund fee
  • A $75 Neighborhood Services Fund fee
  • 12-48 hours in the Intoxicated Driver Resource Center
  • A $500-$1000 fine
  • A $100 Alcohol Education and Rehabilitation Fund Fee

Are there other potential defenses against DWIs?

There are additional defenses against a DWI that an experienced attorney may use to disprove the charges you are facing. Some of those defenses are as follows:

  • The law enforcement officer violated your constitutional rights
  • The law enforcement officer had no valid reasonable suspicion to conduct an investigative stop against you
  • The law enforcement officer did not have probable cause for an arrest
  • The law enforcement officer inadequately conducted field sobriety tests
  • The blood or breath sample was not collected or examined correctly
  • You were not driving or in actual physical control of the vehicle at the time of the stop

Contact our experienced New Jersey firm

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