Some Still Say Breathylizer and Alcotest is Already On The Way Out
- June 13, 2013
- No comments
The Alcotest device which replaced the Breathylizer for DUI testing in NJ is already on the way out. The Alcotest was introduced in the late 1990’s and was subject to substantial litigation regarding its reliability by 2005. In 2008, the NJ Supreme Court decided State v. Chun and set forth the standards under which the Alcotest could be considered reliable in NJ. Now, software updates to the device as mandated by the Chun court are not available and the online database of readings from the device is corrupt. The device’s manufacturer, Draeger Safety Diagnostics, has decided it will no longer employ software developer Ayoka Systems to correct software issues and eliminate issues causing data corruption. Additionally, Draeger will cease to warranty the device in 2016. Rather than employ Ayoka or another company to update the device manufactured by Draeger, the state has opted to find a replacement device for the Alcotest by 2016. Although the Chun court did not indicate Alcotest data from machines without updates would necessarily be corrupt, there are substantial differences between the raw data and the database results. Notably, exceptional results found in the raw data are apparently filtered out by the database. This leaves substantial room to challenge NJ Driving While Intoxicated charges in which the Alcotest is the state’s primary evidence. Currently, there is a motion pending regarding the database which may result in a hold on the resolution of DWI cases for a substantial period of time depending on the results of the motion and subsequent challenges relating to reliability of the device and litigants’ rights. DUI/DWI in NJ will have a serious impact on your life and can have significant implications in related matters such as later personal injury or vehicular manslaughter charges. If you are charged with DUI in NJ you should seek an experienced attorney immediately to protect your rights. For more information on driving under the influence, reckless driving or other serious municipal court/traffic matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.