In New Jersey, there are no groups who can’t legally provide samples for the Alcotest device, but the New Jersey Supreme Court has carved out an exception for women over the age of 60.
This group may be medically unable to provide the necessary 1.5 liters of breath, twice, that the Alcotest needs in order to provide police with what it considers to be a reliable BAC reading.
The effect of this carve out is that the Alcotest results may be questioned in court.
Or, if the defendant has been charged with refusal for failing to provide an adequate sample even when she tried to provide one, there are strong grounds to have the charge dismissed.
Matthew Reisig is one of New Jersey’s most experienced DWI attorneys, with more than 1,001 wins for New Jersey drivers. Call him today at 732-625-9660.
