New Jersey Supreme Court Rules in Favor of Breathtest Equipment

Court says law enforcement can use device during NJ DWI stops.

In a landmark case, affecting tens of thousands of NJ DWI cases, the Supreme Court of New Jersey ruled that new breath test equipment is “sufficiently scientifically” reliable enough to determine whether a motorist is driving while intoxicated.

The ruling focuses on use of the Alcotest 7110, which is used in 17 of the state’s 21 counties to determine blood alcohol content in NJ drunk driving cases. The 7110 replaces the Breathalyzer, which was first developed in 1954.

Challenges to the new equipment were lead by New Jersey DWI defense attorney Evan Levow. At issue was the accuracy of the computerized tester. Levow says the Alcotest 7110 has problems that can violate a driver’s constitutional rights. High breath temperatures could result in false high blood alcohol content readings and the filing of inaccurate charges of driving while intoxicated in New Jersey.

The high court ruling comes after public hearings and two reports that found the Alcotest “much more reliable” than the previous testing equipment. The state said it needs the new device because maintenance parts are not available for the outdated Breathalyzer. The Alcotest was first used in New Jersey seven years ago and the state attorney general began seeking certification of the equipment in 2003. The legal challenge resolved by the recent ruling was started in January 2006.

During the two year review and debate over the accuracy of the Alcotest, 10,708 New Jersey DWI convictions have been on hold. The Supreme Court found breath test evidence gathered from use of the equipment is admissible in court. It says though that police and prosecutors must follow several safeguards. DWI lawyer Levow pointed out that the issue is especially critical because drunk driving cases in New Jersey are heard by judges, not juries, and there is a heavy reliance on breath test results.

New Jersey DWI attorney Evan Levow plans to appeal the case to the U.S. Supreme Court.