Is New Jersey DUI Breath Test Not Reliable?
Reader’s Question:
My cousin was charged with DUI here in New Jersey. He told me that he agreed to submit to different tests to determine his blood alcohol content including the breath test which I heard from a lot of people that seems to be unreliable. How does this kind of test determine blood alcohol in the body? Is the result of breath test admissible in court?
Russell
Newark, NJ
The breath analysis test is done in an attempt to measure the blood alcohol content (BAC) of the DUI suspect through his or her breath. This test is done using a machine known as a Breathalyzer. The person simply breathes into the Breathalyzer, and it will show the police officer the BAC. The results, like what you have heard, are not perfect, but they are considered as an indication of whether or not the suspect is driving with a BAC that is above the legal limit. In New Jersey, the BAC legal limit is .08 percent. If the suspect fails the test, he/she will be brought in for further testing, including possible urine or blood BAC test.
The state of New Jersey allows the breath analysis test to be used against a DUI defendant in court. But if your cousin is working with a DUI lawyer, the lawyer may be able to prove that your test results were inaccurate. A lot of factors can distort the results of the Breathalyzer test, so if the test results were extremely high, or if he felt the results were inaccurate, have him consult with a DUI lawyer when he head to court.
The Breathalyzer is considered as an important tool to police officers who actively search for drunk drivers because it gives them another simple way to determine whether or not a motorist is driving with too much alcohol in his or her system.
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