Dwi in new jersey the alcotest & state v. chun

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• Joel Silberman, a Criminal Defense Attorney who
  practices in Jersey City, Manhattan and Newark,
  details salient points of the Supreme Court
  ruling onAlcotest in State v. Chun case.

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State v. Chun

• In 2008, the Supreme Court of New Jersey issued
  its opinion in State v. Chun 194 N.J. 54 (2008)
  finding that the Draeger Alcotest 7110 MKIII-C
  (Alcotest) breath-testing device using software
  version 3.11 was reliable for admission in all
  New Jersey courts.

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Importance in a DWI case

• The Court, however, did not give the State free
  reign in prosecuting DWI cases with the Alcotest.
  Rather, the Court found that the Alcotests
  results should only be deemed reliable if a
  number of very specific conditions were met.

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• 20-Minute Observation Period

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20-Minute Observation Period

• The Court specifically found that the officer
  operating the Alcotest is required to observe the
  alleged violator for twenty-minutes before
  administering the test to ensure that the alleged
  violator does not jeopardize the test in any way.
  

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20-Minute Observation Period

• Analyzing the 20-Minute Observation Period is a
  critical part of defending any DWI case for any
  New Jersey Criminal Defense Attorney.
• There are a number of technical ways the police
  officer administering the Alcotest can violate
  the 20-Minute Observation Period.

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20-Minute Observation Period

• A trained and experienced New Jersey Criminal
  Defense Attorney should always analyze the
  whether the police violated the requirements
  associated with the 20-Minute Observation
  Period.

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• The Court also imposed requirements regarding
  preparing the testing area and instructing the
  alleged violator.

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Requirements regarding preparing the testing area
and instructing the alleged violator

• First, the police officer administering the
  Alcotest is required to attach a new mouthpiece
  to the machine and remove all cell phones and
  electrical devices from the testing area.

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Requirements regarding preparing the testing area
and instructing the alleged violator

• Next, the police officer is required to instruct
  the alleged violator as follows I want you to
  take a deep breath and blow into the mouthpiece
  with one long continuous breath. Continue to blow
  until I tell you to stop. Do you understand these
  instructions?

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Requirements regarding preparing the testing area
and instructing the alleged violator

• Analyzing the instructions that the police gave
  before administering the Alcotest is a critical
  element for any Criminal Defense Attorney in New
  Jersey who is defending a DWI case.

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• In addition to requirements mentioned earlier,
  the Court touched on a number of other technical
  requirements.

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Other technical requirements in a DWI Case

• These include opinions about the Alcohol
  Influence Report, Error Messages, Breath Volume,
  Breath Temperature, Tolerance and Machine
  Calibration and Repair Records.

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Do you need an attorney

• Given the extreme consequences that come with a
  DWI conviction and the complexity and technical
  nature of the Alcotest it is critical that a
  trained and experienced New Jersey Criminal
  Defense Attorney analyze all the results and
  evidence in every DWI case

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Disclaimer

• The information contained herein is not legal
  advice and does not create an attorney-client
  relationship. The information contained herein is
  solely for informational purposes.