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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27056
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I received a dui in nj after an accident so I received duI

Customer Question

I received a dui in nj after an accident so I received duI reckless driving and not wearing seat belt. Which I was wearing. But after being taking to police office and after 4 failed attempts at a breathe teSt it registered .16. I only had one glass of champagne at a photo shoot. How is this possible? I am getting married next month so I'm stressed out and hadn't had any food and I weigh 105 pound but I still find that impossible. I have no idea what to do I live in pA. This happened in nj
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.

My name is ***** ***** I am an experienced criminal lawyer.

It's possible that the breathalyzer machine was defective or not properly calibrated. That could be your defense at trial if you wished to fight these charges. Otherwise, at twice the legal limit, the prosecutor is not likely going to bargain this down to some other driving offense.

Fortunately, in New Jersey, a DUI is considered a traffic infraction, so it won't go on your criminal record. However, it will go on your driving record and once you satisfy all of the New Jersey requirements needed to get this case behind you, Pennsylvania will treat the DUI as if it is its own and could impose additional penalties on you before you get your license reinstated.

What you need to do is to get representation for your New Jersey case. A DUI with a BAC of twice the legal limit would subject you to a higher fine and up to a year's loss of your license if you are convicted of this offense.