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Did you know?
  • The Court could order you to have an ignition interlock device installed in your car.

  • Body temperature can affect the breath-test results.

  • Field Sobriety Tests are optional.  If you took them, it’s only because you “consented” to do so.

  • Blood samples can ferment and create artificially high alcohol readings.

  • The court fees, state surcharges and insurance surcharges resulting from a DWI conviction may add up to more than $10,000 over the next three years.

  • There are alternatives to some jail sentences.

  • If you’re under 21, you face losing your license.

  • Each shot of liquor, glass of wine or mug of beer raises your BAC an average of .02 percent.

  • It takes one hour for each standard drink to be eliminated from your body.

  • Even if your prior conviction is more than 10 years older than your current charge, you may still face enhanced penalties.

  • There is no requirement to complete a DWI school if your case resolves for a charge lesser than DWI.

  • Not all DWI arrests result in DWI convictions. 

  • According to the breath machine manufacturer, there is a margin of error in breath-testing equipment.

  • The arresting officer must continuously observe you for 20 minutes immediately before the breath test to make sure that you don’t burp or vomit, which could cause a high alcohol reading.

  • The legal limit used to be .15 BAC before it was dropped to .10 BAC and then reduced again to .08 BAC.

  • A refusal charge does not apply to blood testing.

  • No work license or hardship permit is available in New Jersey once you lose your license for DWI.

  • Tongue piercings and dentures can cause inaccurate breath test readings by trapping alcohol in the mouth.

  • Ninety-eight percent of all DWI cases are “breath test cases.”  “Blood cases” are very rare.

  • You have no choice between taking a blood test and taking a breath test. 

  • Field Sobriety Tests are, at best, only 68 percent reliable in predicting that someone has a breath alcohol reading of 0.08 percent or higher.

Potential Sources of Error in Breath Testing
Inaccurate calibration of the breath machine
Alcohol trapped in the mouth
Belching or burping within 20 minutes of being tested
Failure, by the arresting officer, to properly observe the potential defendant for 20 minutes prior to breath testing
Medical conditions that make the defendant an improper subject for breath testing
Machine malfunction
Breath test machine operator error
GERD: Gastro Esophageal Reflux Disorder
Improper testing protocols
Elevated body temperature
Improper breath test operator training
Mechanical fundamental assumptions based on
inapplicable “averages”
Other compounds on the breath inaccurately “read” as alcohol
On many machines, the harder you blow, the higher you go!
Before making your choice of attorney, you should give this matter careful thought.  The selection of any attorney is an important decision.

If the representations made in this publication are inaccurate or misleading, you may report this to the Committee on Attorney Advertising, Hughes Justice Complex, P.O. Box 037, Trenton, NJ 08625.

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