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The Court could order you to have an ignition interlock device installed in your car.
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Body temperature can affect the breath-test results.
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Field Sobriety Tests are optional. If you took them, it’s only because you “consented” to do so.
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Blood samples can ferment and create artificially high alcohol readings.
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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.
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There are alternatives to some jail sentences.
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If you’re under 21, you face losing your license.
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Each shot of liquor, glass of wine or mug of beer raises your BAC an average of .02 percent.
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It takes one hour for each standard drink to be eliminated from your body.
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Even if your prior conviction is more than 10 years older than your current charge, you may still face enhanced penalties.
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There is no requirement to complete a DWI school if your case resolves for a charge lesser than DWI.
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Not all DWI arrests result in DWI convictions.
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According to the breath machine manufacturer, there is a margin of error in breath-testing equipment.
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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.
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The legal limit used to be .15 BAC before it was dropped to .10 BAC and then reduced again to .08 BAC.
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A refusal charge does not apply to blood testing.
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No work license or hardship permit is available in New Jersey once you lose your license for DWI.
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Tongue piercings and dentures can cause inaccurate breath test readings by trapping alcohol in the mouth.
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Ninety-eight percent of all DWI cases are “breath test cases.” “Blood cases” are very rare.
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You have no choice between taking a blood test and taking a breath test.
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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.
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Inaccurate calibration of the breath machine |
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Alcohol trapped in the mouth |
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Belching or burping within 20 minutes of being tested |
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Failure, by the arresting officer, to properly observe the potential defendant for 20 minutes prior to breath testing |
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Medical conditions that make the defendant an improper subject for breath testing |
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Machine malfunction |
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Breath test machine operator error |
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GERD: Gastro Esophageal Reflux Disorder |
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Improper testing protocols |
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Elevated body temperature |
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Improper breath test operator training |
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Mechanical fundamental assumptions based on
inapplicable “averages” |
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Other compounds on the breath inaccurately “read” as alcohol |
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On many machines, the harder you blow, the higher you go! |
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| 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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