Defending Against A Breathalyzer Result in a DWI Case
In New Jersey, being charged with driving while intoxicated (DWI) can lead to severe penalties, including fines, license suspension, and even jail time. One of the most critical pieces of evidence in many DWI cases is the result of a breathalyzer test. However, breathalyzer results are not infallible, and there are several ways an experienced criminal defense attorney can challenge the validity of these results. If you’ve been charged with a DWI in New Jersey, understanding how breathalyzer tests work, the potential issues with their accuracy, and the defenses available to you is essential.
How Breathalyzer Tests Work
Breathalyzer tests are designed to measure the concentration of alcohol in a person’s breath, which is used to estimate their blood alcohol concentration (BAC). In New Jersey, it is illegal to operate a motor vehicle with a BAC of 0.08% or higher. Breathalyzer devices rely on a chemical reaction or infrared spectroscopy to analyze the alcohol content in the breath and provide a BAC reading.
While breathalyzer tests are a standard tool used by law enforcement, they are far from perfect. Numerous factors can influence the accuracy of a breathalyzer result, and these flaws can form the basis of a strong defense in a DWI case.
Common Issues with Breathalyzer Test Results
There are several reasons why a breathalyzer test result may not accurately reflect a person’s BAC. A skilled defense attorney will explore these issues to determine if your test result can be challenged. Here are some common factors that can impact breathalyzer accuracy:
1. Improper Calibration or Maintenance
Breathalyzer devices must be regularly calibrated and maintained to ensure their accuracy. If the device used in your case was not properly calibrated or maintained, the results may be unreliable.
Example: If the machine was not calibrated according to the manufacturer’s specifications or if records show a history of malfunctions, the test results could be deemed inadmissible in court.
2. Human Error
The accuracy of a breathalyzer test depends heavily on the training and competency of the officer administering the test. If the officer failed to follow proper procedures or made errors during the testing process, the results may be invalid.
Example: Officers are required to observe the individual for at least 20 minutes before administering the test to ensure there is no mouth alcohol contamination. Failure to do so could lead to inaccurate results.
3. Medical Conditions
Certain medical conditions can produce false positives on breathalyzer tests. For example:
- Diabetes: People with diabetes may produce acetone, which can be falsely interpreted as alcohol by some breathalyzer devices.
- GERD or Acid Reflux: Conditions that cause acid to rise from the stomach to the mouth can lead to higher alcohol readings.
4. Mouth Alcohol Contamination
Breathalyzer tests are designed to measure deep lung air, not residual alcohol in the mouth. Mouth alcohol can result from:
- Recently using mouthwash or breath sprays containing alcohol.
- Belching or vomiting shortly before the test.
- Consuming certain foods or medications.
If mouth alcohol contamination is not accounted for, it can lead to falsely elevated BAC readings.
5. Environmental Factors
External factors can also interfere with the accuracy of a breathalyzer test. For example:
- Exposure to chemicals like paint, gasoline, or cleaning solvents can produce false positives.
- Temperature and humidity levels can affect the device’s performance.
6. Time Between Driving and Testing
Alcohol takes time to be absorbed into the bloodstream. If a significant amount of time passed between the traffic stop and the breathalyzer test, the BAC reading may not accurately reflect your level of intoxication while driving.
7. Dietary Factors
Certain diets, particularly low-carbohydrate or ketogenic diets, can cause the body to produce isopropyl alcohol, which some breathalyzer devices may mistake for ethanol.
Legal Grounds for Challenging Breathalyzer Results
An experienced defense attorney can use several legal strategies to challenge the validity of a breathalyzer test result. Here are the most common defenses:
1. Challenging the Reliability of the Device
Your attorney can request maintenance and calibration records for the breathalyzer device used in your case. If there are gaps in these records or evidence that the device was not properly maintained, the test results may be inadmissible.
Example: Demonstrating that the device had a history of malfunctions or had not been calibrated in accordance with state requirements.
2. Questioning Officer Training and Procedures
Law enforcement officers must be properly trained to administer breathalyzer tests. Your attorney can investigate whether the officer followed all required procedures and was certified to operate the device.
Example: If the officer did not observe the required 20-minute observation period or failed to administer the test correctly, the results may be called into question.
3. Raising Medical or Physiological Defenses
If you have a medical condition that could have impacted the breathalyzer test, your attorney can present evidence from medical records or expert testimony to challenge the result.
Example: Showing that GERD or another condition caused a falsely elevated BAC reading.
4. Challenging the Chain of Custody
Breathalyzer results are only admissible if there is a clear and documented chain of custody. Any lapses in handling the test results or device can lead to questions about their validity.
Example: If the records do not show when the device was last calibrated or who handled the evidence, the results may be inadmissible.
5. Using Expert Witnesses
In some cases, your attorney may call on expert witnesses to testify about the unreliability of the specific breathalyzer device used or the potential impact of medical or environmental factors on the results.
Example: An expert in toxicology could explain how mouth alcohol contamination or environmental chemicals could produce a false positive.
Why You Need a Skilled Attorney to Challenge Breathalyzer Results
Challenging a breathalyzer result requires a deep understanding of New Jersey’s DWI laws, as well as the scientific principles behind breathalyzer technology. A skilled defense attorney can provide several key benefits:
- Comprehensive Investigation: Your attorney will thoroughly examine all aspects of your case, including police reports, breathalyzer maintenance records, and procedural details, to identify weaknesses in the prosecution’s case.
- Experience with DWI Cases: An experienced attorney knows the most effective strategies for challenging breathalyzer results and has the courtroom experience needed to present a compelling defense.
- Negotiation Skills: Even if the breathalyzer results are admissible, your attorney may be able to negotiate a plea deal or reduced penalties based on the circumstances of your case.
- Expert Network: Your attorney can work with expert witnesses, such as toxicologists or forensic scientists, to provide testimony that supports your defense.
- Protecting Your Rights: A DWI conviction can have long-term consequences, including license suspension, increased insurance premiums, and a criminal record. An attorney can help you minimize these impacts and protect your future.
Take Action to Defend Your Case
If you’ve been charged with a DWI in New Jersey based on breathalyzer test results, don’t assume that the evidence against you is airtight. Breathalyzer tests are not foolproof, and there are many ways to challenge their validity. With the help of an experienced criminal defense attorney like Anthony Palumbo, you can fight back against the charges and work toward the best possible outcome.
Contact Anthony Palumbo today to schedule a consultation and take the first step in building your defense. A DWI charge doesn’t have to define your future—with the right legal strategy, you can protect your rights and move forward with confidence.
