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Howell DWI Lawyer

Howell New Jersey is a large municipality in Monmouth County.  Many major roads run through Howell including US Highway 9 and Route 18.  Additionally, Howell is home to numerous bars and restaurants.  Unfortunately, this leads to DWI charges in Howell.  If you or someone you know has been charged with a DWI in Howell New Jersey call our law firm.  Our Howell DWI Lawyers have successfully handled DWI charges throughout the state and are ready and willing to fight for you.

Many DWI prosecutions are based upon an individual’s blood alcohol content or BAC.  In New Jersey, if an individual has a blood alcohol content of .08 or higher they are over the per se legal limit and presumed to be driving while intoxicated.  Blood alcohol content is most often measured by a breath test machine.  The breath test machine is a machine which takes a sample of an individual’s breath and thereafter displays a reading.  This reading may represent the individual’s blood alcohol content.  However, because that blood alcohol content can be admitted into evidence in a municipal court and used to prosecute an individual, the prosecutor must be able to establish that certain procedures were properly completed by the police officers before and after the breath test was administered.

One common requirement that the officer must adhere to when using a breath test machine known as the alcotest is the twenty minute observation period.  The twenty minute observation period requires that the officer observe the individual who will be taking the alcotest for twenty minutes to make sure that individual does not vomit and or burp for at least twenty minutes before the test is administered.  The reason for this requirement is to make sure that no alcohol is present in the individual’s mouth before they take the alcotest.  Alcohol which remains in the individual’s mouth because that individual either burped or vomited could make the blood alcohol content reading inaccurate and therefore inadmissible.  If an individual’s blood alcohol test is inadmissible, this could ultimately change the outcome of the DWI matter.

If you would like to discuss issues with a breath test reading or any other issue surrounding a DWI call our office.  Our attorneys have successfully demonstrated that the twenty minute observation period was not properly adhered to and have had BAC reading deemed inadmissible in court.  Our Howell DWI lawyers handle DWI matters throughout the state and here to help.

 

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Clark, Clark & Noonan, LLC.
732-303-7857