Appellate Court Ruling Could Help State Prosecute DWI
An Appellate panel ruled that a police officer who monitors a DWI suspect for 20 minutes prior to an Alcotest does not have to be the same officer who then administers the test, overturning a lower court ruling and making it easier for prosecutors to convict DWI defendants.
An officer must monitor a driver suspected of DWI prior to administering the breath test as a way to guard against inaccurate results. The New Jersey Supreme Court mandated that specific procedures be followed in administering the test in its 2008 ruling in State v. Chun. Today's ruling said that the 20-minute period required by State v. Chun was meant to make sure a defendant did not do anything that could affect the test results. However, the requirement should not be read so literally as to unduly restrict the state from using the test to prosecute DWI cases.
The ruling came out of a Morris County case in which Joel Ugrovics was arrested for DWI. He blew above the legal limit for blood alcohol content and pleaded guilty in Riverdale Municipal Court, but later appealed to Superior Court which overturned the conviction. The Appellate Division reinstated the guilty plea and remanded to the lower court.
