NJ Supreme Court Holds New Alcotest DWI – Breath Testing Machine Results Admissible
The Supreme Court on March 17, 2008 adopted, as modified, the reports and recommendations of Special Master Judge King. This landmark decision changes the prosecution of DWI cases in New Jersey forever. Subject to certain conditions, the Court holds that the Alcotest is scientifically reliable and that its results are admissible in drunk driving prosecutions. State v. Chun 194 NJ 54 3-17-08 The Supreme Court held: 1. There is sufficient credible evidence to support the continued use of a 2100 to 1 blood/breath alcohol ratio to estimate BAC from a breath sample. The overwhelming evidence demonstrates that use of this ratio tends to underestimate the actual BAC in the vast majority of persons whose breath is tested. Although there may be a small number of individuals who are disadvantaged by a device that uses the 2100 to 1 blood/breath ratio, there is sound scientific support for its continued utilization. 2.
