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How Your Cell Phone Can Help You with the Breathalyzer in NJ DUI

The radio frequency interference (RFI) of cell phones can affect the readings generated by an Alcotest Breathalyzer. Therefore, the "official procedure" for taking breath samples includes the removal of cell phones from the testing area.

For this reason, if you were arrested for drunk driving in New Jersey and had your cell phone with you, ask yourself the following questions:

  1. Did the officer ask if I had a cell phone with me?
  2. If so, did he/she take it from me and remove it from the testing area?

If the answer to either of these questions is "No," then it may well be possible to get the Alcotest reading thrown out. This does not mean that your entire case will be dismissed, but it does make it much more difficult for the state to prove its case, especially if the Field Sobriety Test was not conducted properly.

Steven J. Richardson
Bankruptcy, Collections, Student Loan, DUI and Traffic Court attorney in Woodbury, NJ.