New Jersey DUI Test May be Faulty, Investigation Begins

Hundreds and possibly thousands of DUI cases in New Jersey are on hold until a controversial examination of a newly implemented alcohol-level test machine is complete. The new machine, the Alcotest 7110 MKIII-C, is to be implemented in all of New Jersey by next year and many units have already been in use throughout the state since 2003.

Many of the machines have been found to give faulty readings, however. Statistics have been rising and evidence has found that the machines may be incorrectly identifying people who have blood alcohol levels of over 0.08 percent, the legal threshold for New Jersey.

The New Jersey Supreme Court has appointed a special investigative unit who will oversee a hearing and examination of the machine’s history of reliability and use. The machines have been replacing the more commonly used “Breathalyzer” machines in the state. The special master overseeing the study is Michael Patrick King, a retired appellate judge.

Several counties throughout the state are withholding DUI cases and are not allowing Alcotest results in DWI arrests and convictions.

The case is expected to be drawn out and may take as long as six months to complete. Meanwhile state legislators are struggling to come to a solution to fix their DUI conviction policies in case the machines are indeed found to be faulty.

Several lawyers defending DUI cases say they have seen a dramatic increase in the number of erroneous readings of blood alcohol levels in the past couple of years. Over 6,000 cases are still pending and many more are expected to be thrown out of court. The situation highlights the need for effective DUI evidence gathering and may put thousands of cases in jeopardy.