In late 2018, the New Jersey Supreme Court ruled that the State Police’s use of improperly-calibrated Alcotest devices from 2008 through 2016 could mean that as many as 20,000 individuals convicted of DUI are eligible to have their convictions overturned. The ruling applies to DUI convictions in Middlesex, Monmouth, Ocean, Somerset, Union and potentially other counties, and it applies to cases in which the conviction was based, at least in part, on the results of the defendant’s breath test.
Although there hasn’t been much news about the impact of the Supreme Court’s ruling since it was handed down in November, the ruling remains extremely important for individuals who were convicted of DUI in New Jersey between 2008 and 2016. The grounds for challenging a DUI conviction are limited and DUIs are not eligible for expungement, so the ruling presents a unique opportunity for thousands of New Jersey residents to have their records cleared.
FAQs: Challenging Your New Jersey DUI Conviction Due to Improper Alcotest Calibration
Q: How do I know if I am eligible to have my DUI conviction overturned?
In its ruling, the New Jersey Supreme Court instructed state authorities to, “notify all affected defendants of our decision . . . so that they may take appropriate action.” However, you do not have to wait to receive this notice in order to challenge your DUI conviction.
If you were convicted of DUI in New Jersey between 2008 and 2016, you can contact our offices to speak with an attorney about your case. We can review your conviction to determine if you are eligible; and, if you are, we can take appropriate legal action on your behalf.
Q: Does the Supreme Court’s ruling affect subsequent DUIs?
Potentially, yes. Repeat DUI offenders face enhanced penalties in New Jersey; and, if you were convicted of DUI between 2008 and 2016 and you received a subsequent DUI in 2017 or later, the Court’s decision could impact both of your convictions. The ruling could also provide grounds to challenge a subsequent conviction for driving on a suspended license or any other offense related to your 2008-2016 DUI.
Q: Can challenging my DUI conviction lower my auto insurance?
Yes. Among the various long-term impacts of a DUI conviction is a significant increase in the cost of auto insurance. If you are able to have your DUI conviction overturned, your insurance payments should go back down.
Contact Us for a Review of Your DUI Conviction
With multiple offices statewide, our firm represents clients in DUI cases throughout New Jersey. If you would like to speak with a lawyer about challenging your DUI conviction, please call 609-281-8730 or request a confidential consultation online now.