Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « NJ Drivers Face Stiff Penalties for DWI; Are Machines Telling The Truth?
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- According to the New Jersey law, first-time DWI offenders can face up to seven month license suspension and a fine and fee of over $1,000. And in case it’s your second conviction, you will be deprived of your driving privileges for 2 years and owe thousands of dollars. Moreover, in case of a third offense, you could be imprisoned for six months and lose your license for 10 years.
Another penalty also awaits those who are convicted of driving under the influence in New Jersey for subsequent offenses, which is the ignition-interlocking device.
The ignition-interlocking device is basically an alcotest, which does not allow your car to start until you test yourself. If your blood alcohol level (BAC) is too high, your car will not start.
The judges are currently responsible to make the decision regarding whether to impose the penalty or not, according to the law in New Jersey. No doubt, New Jersey drivers charged with a DWI offense face firm penalties.
Use of the Alcotest Device in DWI Cases
Earlier this year, in order to check the current technology being used to test for BAC, the New Jersey Supreme Court ordered Draeger, an alcotest manufacturer, to reveal the code its products use to determine BAC so that its effectiveness could be evaluated.
Two reviews were conducted and both found the alcotest software to be below quality standards and somewhat unreliable. As the alcotests do not actually require a blood test ( which is the most accurate method to determine BAC) they must rely on this software to accurately analyze the particles present in a suspected offender’s breath. Poor coding and flawed software could be responsible for a higher reading.
Completely non-alcoholic acitivites, such as painting can also lead to a high on an alcotest. This is due to misreading of certain elements as if they were alcohol content, which result in a higher BAC content reading. Thus, it is important for officers to comply with a mandatory 20 minute observation to confirm deprivation of any foreign substances in the mouth.
Many people who have been accused of DWI offenses are contesting their cases in court, due to device miscalculations and human errors. However, despite problems, it’s unlikely that alcotests will be replaced anytime soon.
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