Most states use Breathalyzer units to help officers determine whether or not a DUI/DWI suspect has a blood alcohol level above the legal limit. Approximately five years ago the state of New Jersey opted to replace the broadly-used Breathalyzer machine with the Alcotest machine as the state's official drunk driving testing unit. New Jersey decided to make the change when the state Supreme Court ruled in State v. Chun (2008) that results from the Alcotest device could be submitted as scientifically reliable evidence in DWI cases. This was because the Alcotest was determined to be less susceptible to human error as it relied primarily on the detailed functions which had been directly programmed into the machine itself.
It now appears that the Alcotest unit will be phased out over the next few years, and new technology will need to be in place no later than 2016. According to a statement from the Deputy Attorney General, the decision came after the state was unable to negotiate with Draeger Safety (the manufacturers of Alcotest) to make the required revisions to the software which would facilitate a more user-friendly online database and allow test results to be uploaded to a centralized database. The programming changes were mandated by the Supreme Court under Chen. It was also reported that Draeger will cease to provide support for their Alcotest 7110 machines at the end of 2016. The state is now investing its resources in finding a new BAC testing unit.
If you or a loved one has been arrested for DUI or DWI I strongly urge you to contact my firm as soon as possible. DUI and DWI arrests must be addressed quickly if you hope to avoid penalties. Any delay could make a significant difference in the outcome of your case. When you contact my firm, the Law Offices of Ryan E. Gilbert, LLC, I will act at once and review the evidence that led to the charges against you, including any faulty breath testing evidence that could be successfully challenged.
Contact New Jersey criminal defense lawyer Ryan E. Gilbert to schedule a consultation to discuss your case today.