Call For A Free Case Evaluation

Click to Email Us Now
inner banner
Schedule A Free Consultation

NJ Breathalyzer/Alcotest Police Certification

April 4, 2010

When it comes to challenging your Breathalyzer /Alcotest results in a New Jersey DWI case, it is vital for your attorney to be proactive. This means attacking the admissibility of the breath test results before they are received by the judge into evidence during your trial.

One requirement the prosecutor has to meet before he or she may use your breath test readings against you is to prove that the police officer who operated the machine was a “qualified operator.” There are strict requirements to be met in order to be qualified to operate a breath test machine. Police officers in New Jersey must be certified by the New Jersey Attorney General. The certificate is basically a license to conduct breath tests. Like any other license, it may be terminated, suspended, or expired. This last feature – expiration – can sometimes be used to successfully “suppress” the breath test results (get them thrown out).

A breathalyzer/alcotests operator’s certificate is good only for the year it was issued, plus 2 more years. So if an officer is certified on April 1, 2009, his or her certificate will expire on December 31, 2011. Before the expiration date, the officer must re-certify. To do so they must go back for a one-day training session.

Police Alcotest Training

This training session must include:

  1. Statutes and case law;
  2. Instruction and training;
  3. Lab practice with alcohol exposed air samples;
  4. A written exam; and,
  5. A competency exam.

A recertification is, like the initial certification, valid for the remainder of the year it is issued plus 2 more years. Proof that the officer completed these requirements can be shown by the officers certification card and the officer’s testimony.

If your defense attorney can prove that the officer was not a qualified operator, you stand a good chance of beating the breath test and possibly the entire NJ DWI-DUI case.

Rating Methodology

Charges Dismissed

Criminal Offense

Charges Reversed

Jail Sentence

Charges Reduced


Charges Dismissed

Criminal Offense

Review Image
    “Mr. Vecchio was very thorough and efficient. His team was accommodating and the ultimate outcome was better than expected. Mr. Vecchio kept me up to date with every detail via emails and text messages. An all around good guy and family man.”
    “I have been working with Anthony on my husband’s out of state case for a few days now. He is punctual and doesn’t make you feel like you are asking too many questions in such a stressful time. He knows exactly what is happening before you even tell him. He is very professional and treats you like a human at the same time with the most respect.”
    "Anthony was instrumental in making the worst time in my life manageable. He's smart, intuitive and most of all he gave me peace of mind. I would recommend him to anyone looking for a sharp, progressive attorney who knows how to navigate the law."

1 / 3

Review Image