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5 Ways Your New Jersey Defense Attorney Can Challenge Your Breathalyzer Results

April 28, 2021 | Posted In Drunk Driving |

If you blew above the legal limit during your DUI traffic stop, your breathalyzer results could be key evidence against you in your DUI case. But there are several potential ways to challenge breathalyzer results, and successfully challenging the validity of your blood alcohol concentration (BAC) reading could save you from a conviction.

How can a New Jersey defense attorney challenge your breath test results? Here are seven possibilities:

1. You Have a Medical Condition

Certain medical conditions can cause “false positives” on breathalyzer test readings. This includes gastroesophageal reflux disease (GERD), having a high red blood cell count, and having a high level of ketones on your body.

2. You Were on Medication

Certain medications can also lead to false positive BAC readings. For example, if you were on asthma medication, if you had recently taken an oral pain reliever or cough suppressant, or if you had recently taken a medication to treat symptoms of a cold or flu (such as Nyquil), this could explain why your BAC was over the legal limit.

3. The Breathalyzer Device Wasn’t Calibrated

Breathalyzer devices must be properly calibrated to produce accurate BAC readings. If the device used to test your BAC was not properly calibrated, then your breath test result may be inadmissible in court due to its unreliability.

4. The Arresting Officer Administered the Test Improperly

When administering breath tests, police officers must follow specific procedures. If your arresting officer did not follow these procedures to the letter, this could also raise questions about the reliability of your BAC reading.

5. Lack of Reasonable Suspicion or Probable Cause

To conduct a traffic stop, the police need to have “reasonable suspicion” that a crime has been committed. To make an arrest, they need to have “probable cause” to believe that prosecution is necessary. If the police officer who arrested you lacked reasonable suspicion or probable cause, then your BAC reading and any other evidence against you could potentially be inadmissible in court.  

Talk to a New Jersey Defense Attorney about Challenging Your Breath Test Results

If you are facing a DUI charge in New Jersey, it is extremely important that you speak with a defense attorney about your case. To find out what defenses you can use to fight your DUI charge, call 877-435-6371 or contact us online today.

Over 20 attorneys at HCK have extensive experience in defending DUI cases as they were former assistant prosecutors and/or police officers for a combined total of over 600 years of law enforcement experience. You can find out more about them on our site, and you can call Managing Partner Ron Helmer on his cell phone at 609 685-0665.

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