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Alcotest to Stay For Now In NJ

Alcotest to Stay For Now In NJ

The New Jersey Supreme Court has ruled that, for the time being, the Alcotest, the chemical test formerly known as the Breathylizer, given to drivers arrested for DUI to test their blood alcohol content (BAC) or alcohol to blood ratio, will stay after much debate. For months there has been much discussion of the possibility of dispensing with the Alcotest as a result of the State’s failure to comply with the ruling in State v. Chun, 194 N.J. 54 (2008), the monumental case pertaining to the implementation of the Alcotest in place of the Breathylizer and wheher the Alcotest was scientifically reliable as a means of measuring BAC levels. In Chun, the NJ Supreme Court held the Alcotest to be scientifically reliable at the time and that, with the nine software revisions to be implemented over time by the manufacturer, Draeger, it would remain reliable. The recent litigation was over the fact that Draeger never did the software updates and a database that set up to store information regarding Alcotest device logs, including service dates and test results, which attorneys could use in trying DUI matters in the event of errors or discrepancies with machine results. In the past two years there have been an increasing number of people questioning the reliability of the device based on errors in the database and lack of software updates. The result of unreliable machine or data could be a significant detriment to those facing charges of driving under the influence. The NJ Supreme Court has now made it clear that they are deeming the machine to be reliable yet intend to replace its use in the State of New Jersey within the next 3 years. The court expressed that if a suitable replacement can be found they will consider the device, however, in spite of the Courts reversal of it’s own prior requirement for updates and database maintenance, with the three years ahead on them there is no rush. DWI in NJ will have a serious impact on your life and can have significant implications in related matters such as later personal injury. If you are charged with a DWI in NJ you should seek an experienced attorney immediately to protect your rights. For more information about DWI, DUI, possession of a CDS in a motor vehicle, reckless driving or other serious municipal court or traffic matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

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