Recently, the use of the "Alcotest" machines has been challenged in several DUI cases. Many attorneys questioned the reliability of these devices, insisting that the state had not made the necessary changes to ensure that the tests being run were valid. This has been a very long and drawn out matter, which at one point led to the suspension of the Alcotest machines. The New Jersey Supreme Court was asked to determine if the machines were reliable.

The court ruled that the devices were "generally scientifically reliable", and could be used to obtain convictions in DUI cases. The state will be forced to make some software modifications and create a database of prior results as a condition of the order. The ruling has led to additional concerns from criminal defense attorneys, and further action may be planned.

Now that the court has officially approved the reliability of these devices, the evidence that is obtained in the tests may be used to convict motorists of DUI. If convicted of DUI in New Jersey, motorists face very significant penalties.

First-time offenders will see substantial fines and costs associated with the offense, as well as a driver's license suspension and possible jail time. Repeat offenders may be required to install ignition interlock devices, and can face even higher fines and longer jail sentences.

If you are pulled over by police, you need to be very careful about how you respond to the officer. After you have been stopped, police may ask you questions about what you did prior to that point in time. You may be asked if you have been drinking, and if so, how many drinks you have had. All of this can be used against you, so you need to be aware that your responses will only serve to continue the investigation.

Officers may also request that you perform field sobriety tests, which will again be used to determine if you are impaired. You can refuse to participate, but this will most likely lead to an arrest. If arrested, do not make any statements without an experienced criminal defense attorney present.

An attorney can aggressively protect your rights from the actions of the police, and begin preparing a strong defense to these charges. This will allow you to be confident that you have someone on your side, and will allow you to understand the choices that you have to make at this time.

Article provided by The Tormey Law Firm, LLC Visit us at www.bergencountycriminaldefensedwilawyer.com