New Jersey drivers arrested on suspicion of DWI or DUI must submit a breath sample. Our state uses a breath testing machine called the Alcotest. The legal limit in New Jersey, like all states, is .08. If a breath test result is .08 or higher the State will seek to introduce it into evidence as proof of impairment. If the breath test result is admitted into evidence the defendant is found guilty as a matter of law.
New Jersey DWI defense attorneys have several grounds upon which to challenge the breath test result. One such defense is known as the Mouthpiece Defense.
Drivers arrested for DWI must submit two breath samples. The police officer performing the breath test is required to change the mouthpiece between the first and second tests. This requirement is rooted in the concern that the mouthpiece can be contaminated with alcohol during the testing process. This is why a new mouthpiece is required.
If the officer fails to change the mouthpiece the breath test result may be suppressed from evidence. This can have a significant impact on the penalties a driver would face. For example, DWI first offenders who face a 7-12 month license suspension would only receive a maximum of a 3 month suspension.
Our law firm handles only DWI and criminal matters. We have argued the Mouthpiece Defense on behalf of our clients. We have extensive experience handling this issues. If you have been charged with DWI or DUI you should consult with an experienced NJ DWI defense attorney. Consultations in our office are always free and always confidential.
Please contact us with additional questions regarding the Mouthpiece Defense or any other issue.
Call: 732-747-1844 | Text: 732-567-2441