Nobody wants to get pulled over because a cop thinks they are driving drunk. Getting convicted of driving while intoxicated (DWI) can have significant legal consequences, including jail time, fines, and the suspension or loss of your driver’s license. In drunk driving cases, one of the first things cops will look to do is administer a breathalyzer test to determine whether a suspected driver is drunk or not. However, these tests are not always accurate, and you may want a second opinion from.
You are permitted to get a private BAC test after you are arrested for driving while intoxicated in New Jersey. Police need to let you know that an independent test is an option you have and cannot deny you the opportunity to request one after you are arrested, but you have to pay for it. The results of a private, independent BAC test can help support claims that you were not drunk when the cops pulled you over and act as a strong piece of evidence to defend you in court.
For a free review of your claim from our team of Atlantic City DWI defense attorneys, call the Law Offices of John J. Zarych at (609) 616-4956.
Are Independent BAC Tests Allowed in New Jersey?
Under N.J.S.A. § 39:4-50.2(c), people are allowed to request private BAC tests by a person they choose. This test does not replace an officer’s BAC test but provides an additional data point from a lab you trust.
When police officers state that they are going to do a breath test after you are arrested for suspected drunk driving, they also must inform you of your right to an independent BAC test. You are also allowed to refuse a BAC test – cops can’t physically force you to take one per § 39:4-50.2(e). However, refusing to take the test results in additional criminal charges and a license suspension under § 39:4-50-4.
If the police do not tell you about your right to refuse a test or request an independent BAC test, they are violating your rights under New Jersey law, and you should let our NJ DWI defense lawyers know about it so we can incorporate it into your defense. The same goes for if you request an independent test and the officer refuses to grant that request. They are violating your rights and should be held accountable for their actions.
If you get an independent test done, you have to pay for it yourself. If this is financially difficult, our lawyers can look into ways to help you out in that regard.
When Do You Need to Get an Independent BAC Test in New Jersey?
You have to get your independent test in a similar timeframe to when you would take a police-administered test. Alcohol leaves the bloodstream over time, so getting an independent blood draw or breath sample taken much later is not very useful for helping your case, as the results will not be accurate to your state at the time you were arrested. Prosecutors will usually seek to have samples that are taken too late barred from being used as evidence in your case. In any case, if a blood sample is taken on time, it can be tested later once you’ve sobered up and sought out help from an independent laboratory.
How Can Independent BAC Tests Help You in New Jersey?
There are many different ways that an independent BAC test can help in a defense against a DWI charge. Independent tests can be used to contradict the results of the police BAC test and support claims you make to police and at other times when you are under oath. For example, if the police test says you were above the legal limit, but your private test says you were not, there can be significant doubt as to whether you were driving while intoxicated or not. An even stronger piece of evidence would be both tests indicating that you were not intoxicated.
Tests with contradicting results are more common than you may initially think. Although breathalyzer and blood tests are done in a controlled setting after you are arrested, they are not fool-proof and can be inaccurate or turn up false positives. A common way to use independent BAC tests to challenge the results of the police-administered test is to use an expert witness to explain how these tests work. An expert witness can explain to the judge and jury ways that BAC tests are not always accurate and highlight the disparities between your private test and the police’s test. For example, if the police test was not correctly calibrated, but your private test was, it makes your private test the stronger piece of evidence.
Risks of Getting an Independent BAC Test after a DWI Charge in New Jersey
While there are potentially great benefits to getting an independent blood-alcohol test done, there are some serious potential downsides you should be aware of. Namely, an independent test may confirm that you were, in fact, over the legal limit. At that point, it may be very tough to defend against charges laid out against you. However, just like with tests administered by law enforcement, independent tests can be inaccurate, but our lawyers will have a harder time challenging two tests that say you were drunk. Even so, we can seek to have the evidence excluded if the test was performed inconsistently.
Let Our New Jersey DWI Defense Attorneys Help You Out
Our Brigantine, NJ DWI defense attorneys from the Law Offices of John J. Zarych can be reached for free case reviews at (609) 616-4956.
