Breath Test Excluded in Bogota DWI

In recent case, my client was charged with driving while intoxicated (N.J.S.A. 39:4-50) in Bogota, New Jersey.  If you have been charged with DWI, the Law Office of Jason T. Komninos can help.

In this case, the breath test results were excluded from evidence. I was able to show that the police did not conduct the proper 20 minute observation period before taking breath samples. The police are required to continually observe a driver for 20 minutes before administrating the breath test in order to ensure that the driver does not burp, regurgitate, or put anything in his or her mouth before taking the breath test, which would skew the results. If the State cannot prove that the 20-minute period was conducted correctly, then the breath test result should be excluded from the case.

For a first offense DWI, the penalties are based on the defendant’s blood alcohol content (BAC).

However, if the breath reading is excluded, then the defendant can be sentenced to the lowest tier of penalties, also known as a “first tier.”

Therefore, in this case, my client was sentenced as a first tier due to the breath test being excluded.

If you have been charged with drunk driving in New Jersey, it is important to speak to a DWI/DUI defense attorney about the penalties you are facing and the defenses you may have.

Jason T. Komninos, Esq. can be reached at (201) 343-4622.