When it comes to a DUI, age has its benefits.
New Jersey law enforcement utilizes the Alcotest® 7110 device to perform testing of breath samples in DUI cases. The testing mechanism has been under scrutiny since it’s introduction and has been the subject of many legal challenges. The seminal case on the validity of the testing methods was State v. Chun which determined heightened standards of compliance to prove legal intoxication. One such standard is a required minimum volume of air to have an effective testing. Often times, failure to provide adequate volume or duration of air will be deemed a refusal and subject the accused to additional motor vehicle charges. New Jersey law does acknowledge however that women age 60 and older can experience difficulty meeting the breath test sample requirements. The theory is that women over 60 can have physical difficulty blowing enough air to record an accurate sample. For this reason, the New Jersey Supreme Court has directed that the Alcotest® 7110 device be reprogrammed so that a smaller breath sample of 1.2 liters could be taken from a woman over 60 years old. If this reprogramming is not done, the court ruled it would be unfair to prosecute women in these circumstances on a refusal charge. If you need assistance with a DUI or other motor vehicle violation, contact the experienced trial attorneys at Spector Foerst & Associates.