The Future of DUI Testing In NJ
- February 1, 2016
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Those arrested for driving under the influence (DUI), N.J.S.A. 39:4-50, are most often exonerated or convicted based on the results of chemical breath testing. The Alcotest machine is presently used to determine whether individuals were driving under the influence by using chemical testing to determine their blood alcohol content (BAC) exceeds the legal limit in New Jersey. The machine has been the subject of multiple challenges, the most well-known being State v. Chun, 195 N.J. 54 (2009),and the NJ Attorney General’s Office indicated to the NJ Supreme Court that the machine’s use would be discontinued by the end of 2016 in light of the machine’s manufacturer, Draeger Safety, announcing they would no longer support the machine. Over the years since the Alcotest 7110 was introduced in NJ in 2001, the software has become outdated and the scientific reliability has come into question. Now, as the sun is setting on the Attorney General’s time to find a suitable replacement, pay for another company to service the Alcotest machine or for the state to begin serving the machine in-house, those subject to testing for driving while intoxicated, especially those found to be just over the legal limit, are left with the fact that although they may be convicted based on results that have a reasonable probability of being inaccurate, the Attorney General’s Office has a window of opportunity wherein this probability is allowed to persist. Additionally, as of this date, no suitable replacement has been indicated by the Office of the Attorney General. If you are facing charges of DUI, whether for alcohol or drugs, you should obtain experienced criminal defense counsel immediately. For more information about DWI, refusal to submit to chemical breath testing, controlled dangerous substances (CDS) in a motor vehicle, reckless driving or other serious motor vehicle charges in NJ visit DarlingFirm.com. This blog is for informational purposes and not intended to replace the advice of an attorney.