Facing a DUI charge in New Jersey is a serious matter, and many cases rely heavily on breathalyzer results to determine blood alcohol content (BAC). But what happens if you're arrested for a DUI without a breathalyzer result? Whether due to a refusal to take the test, a malfunction, or procedural errors, it's important to understand how these situations are handled.
In this blog, we’ll explore what you need to know if there is no breathalyzer result, how it affects your defense, and why working with a DUI defense lawyer is crucial.
Why a Breathalyzer Test is Important in a DUI Case
In New Jersey, a breathalyzer test is one of the primary tools law enforcement uses to measure a driver’s blood alcohol content (BAC). The legal limit for BAC is 0.08%, and any driver found to be over this limit can face DUI charges.
A breathalyzer result is often viewed as solid evidence that a driver was impaired. However, there are cases where no breathalyzer test is conducted or where the results are deemed invalid. In these situations, proving impairment becomes more complicated, but not impossible for the prosecution.
Common Reasons for a DUI Arrest Without a Breathalyzer Result
There are several reasons why a DUI arrest might occur without a breathalyzer test or a valid breathalyzer result. Here are some of the most common situations:
1. Refusal to Take the Test
In New Jersey, if you are stopped under suspicion of DUI, you are legally required to submit to a breathalyzer test. Refusing to take the test is a violation of the state’s implied consent law, which means that by driving on New Jersey roads, you have implicitly agreed to submit to chemical testing if law enforcement suspects you of driving under the influence.
However, some drivers refuse the test, and this results in additional penalties, including automatic license suspension and fines. Importantly, refusing the test does not mean you cannot be convicted of DUI.
2. Malfunctioning Breathalyzer Equipment
Breathalyzer devices must be properly calibrated and maintained in order to provide accurate readings. If the device malfunctions or has not been properly serviced, the results may be invalid. In such cases, your DUI lawyer can argue that the breathalyzer evidence should not be admissible in court.
3. Procedural Errors by Law Enforcement
There are strict protocols that law enforcement officers must follow when administering a breathalyzer test. For example, officers must observe the driver for a specific period before administering the test to ensure that no substances (such as mouthwash or food) interfere with the results. If these procedures are not followed, the test results may be challenged in court.
4. Medical Conditions or Physical Limitations
Some medical conditions, such as asthma, chronic obstructive pulmonary disease (COPD), or injuries affecting the lungs, can make it difficult or impossible for a person to provide a sufficient breath sample. In these cases, the absence of a breathalyzer result could complicate the prosecution’s case.
How a DUI Case Proceeds Without a Breathalyzer Result
Without a breathalyzer result, the prosecution will need to rely on other evidence to prove that you were impaired at the time of the arrest. This might include:
1. Field Sobriety Tests
Field sobriety tests (FSTs) are physical tests administered by law enforcement officers at the scene to gauge a driver’s level of impairment. These tests include actions like walking in a straight line or standing on one leg. However, these tests are not always reliable, and factors like nervousness, medical conditions, or even uneven road surfaces can affect performance.
Your DUI defense lawyer can challenge the validity of the FST results, arguing that poor performance may have been caused by factors unrelated to alcohol impairment.
2. Observations from the Officer
In the absence of breathalyzer results, the arresting officer’s observations of your behavior become a key part of the prosecution’s case. This might include noting slurred speech, bloodshot eyes, the smell of alcohol, or erratic driving. However, these observations are subjective and can often be challenged in court.
Your DUI lawyer may argue that these signs could have been caused by fatigue, allergies, or stress rather than intoxication.
3. Dashcam or Bodycam Footage
Many police departments now use dashcams or bodycams during traffic stops. Video footage of your interaction with the officer may be used to show signs of impairment, but it can also help your defense if you appear sober and cooperative in the video.
4. Witness Testimony
If there were any passengers in your vehicle or bystanders who witnessed the traffic stop, their testimony might be used to support or contradict the officer’s claims. Your DUI lawyer can use witness statements to help cast doubt on the prosecution’s case.
How a DUI Defense Lawyer Can Help
Navigating a DUI charge without a breathalyzer result requires a deep understanding of New Jersey’s DUI laws and the ability to challenge the prosecution’s evidence effectively. Here’s how a DUI defense lawyer can help:
1. Challenging the Arrest
Your lawyer will examine the circumstances of your arrest, including whether the officer had a valid reason to stop you in the first place. If there was no probable cause for the stop, your lawyer can move to have the charges dismissed.
2. Questioning the Evidence
Without a breathalyzer result, the prosecution will rely heavily on other forms of evidence. Your DUI lawyer will scrutinize the validity of field sobriety tests, officer observations, and any other evidence used against you. If any of this evidence was improperly obtained or if procedural errors occurred, your lawyer may be able to have it excluded from the case.
3. Exploring Alternative Defenses
In some cases, medical conditions, medication side effects, or even environmental factors can explain symptoms of impairment. Your lawyer can present these alternative explanations in court, helping to create reasonable doubt about whether you were actually impaired.
4. Negotiating for Lesser Charges
If the evidence against you is strong, your lawyer may be able to negotiate a plea deal for lesser charges, such as reckless driving, which carry lighter penalties than a DUI conviction.
Penalties for Refusing a Breathalyzer Test
If you refused a breathalyzer test in New Jersey, you face automatic penalties under the state’s implied consent law, including:
- License suspension: Refusal to take a breathalyzer test results in a mandatory license suspension ranging from seven months to one year.
- Fines: You may be fined between $300 and $500 for refusing the test.
- Ignition interlock device: In some cases, you may be required to install an ignition interlock device (IID) in your vehicle, which prevents the car from starting if alcohol is detected on your breath.
These penalties are separate from any consequences for a DUI conviction, making it essential to work with an experienced DUI defense lawyer who can help minimize the impact of the charges.
Contact LaBletta & Walters LLC for a Strong DUI Defense Strategy in New Jersey
If you’ve been charged with a DUI, especially without a valid breathalyzer result, it’s crucial to have an experienced DUI lawyer on your side. The legal team at LaBletta & Walters LLC is ready to defend your rights and build a strong case to help you avoid severe penalties.
Call 732-823-4417 or fill out our online contact form to schedule a consultation today. Let us help you fight your DUI charges with experienced and aggressive legal representation.