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DUI/DWI Archives

Will an overhaul of New Jersey's DUI penalties become a reality?

Whenever new DUI-related legislation emerges in Trenton, there's always immediate and justifiable concern that it will be overly punitive in nature, such that while it may result in offenders spending more time behind bars, it actually does very little to combat impaired driving.

Reviewing the accuracy of breath test devices

In New Jersey, and in most other states across the nation, law enforcement officers use roadside breath test devices to determine whether a driver is operating a vehicle while intoxicated. If the breath test device measures the driver's blood alcohol content level at 0.08 percent or above, he or she may be arrested and charged with drinking and driving. However, multiple studies show that breath test device results are not always accurate and could show inflated readings in some situations. This could lead to a false arrest and erroneous DUI charge.

Why are over 20,000 DUI cases in New Jersey being called into question?

While the results of breathalyzer tests are admissible as scientific evidence in DUI cases in New Jersey, the state Supreme Court ruled in a 2008 case, State v. Chun, that certain criteria must be satisfied in order for this to happen. Indeed, the device must be functional, both regularly inspected and properly calibrated, and administered by a certified operator acting in accordance with established procedure.

Understanding more about the collateral consequences of a DUI conviction

When most people find themselves facing drunk driving charges, their thoughts inevitably focus on the possibility of lengthy incarceration and the levying of steep fines. While it's certainly true that New Jersey's DUI laws do call for relatively harsh punishments in this regard, it's important to understand that there is more to it than these two concerns.

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Atlantic City, NJ 08401

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