Breath Test Excluded in Elmwood Park DWI

On August 28, 2018, I appeared in the Elmwood Park Municipal Court for a client who was charged with DWI (39:4-50) with an alleged BAC of 0.13 and other traffic violations. This meant that he was facing a license suspension of 7 months for the DWI as well as other penalties.

However, I was able to call into question the validity of the breath test and the prosecutor agreed to proceed on an observational basis only. This meant that instead of a 7 month loss of license, my client was sentenced to only a 3 month loss of license based on the officer’s observations of him during the Standardized Field Sobriety Tests. This is also known as a “first tier” DWI.

If you have been charged with a DWI or DUI or a related offense, call Jason T. Komninos, Esq. for a free consultation at 201-343-4622.