NJ Publishes Records of 20k DWI Cases Involving Faulty Alcotest Breath Tests
NJ State Attorney General’s Office Releases Records Connected to 20,000 Faulty Breathalyzer Tests Used in DWI Cases
TRENTON, NEW JERSEY(February 4, 2025) – The New Jersey state Attorney General’s office has finally released 20,000 records connected to faulty breath tests used in DWI cases.
The release is intended to aid people who would like to challenge their arrest or DWI conviction. New Jersey courts have mandated the release of the records following the outcome of two court cases.
Affected cases are from 2008 to 2016. During that period, former State Police coordinator Marc Dennis failed to properly calibrate Alcotest breathalyzer machines. He has since been imprisoned following this scandal.
According to the New Jersey Office of the Attorney General, “Ex-NJSP Sgt. Marc Dennis, 51, of Waretown, was sentenced on charges of official misconduct and a pattern of official misconduct. State Superior Court Judge Lourdes Lucas, presiding in Monmouth County, ordered Dennis to serve five years in state prison, during which he will be ineligible for parole.”
Due to those improper calibrations and faulty breath tests, thousands of people were convicted of DWI and many spent time in jail. But this is hardly a full account of the damage done.
These victims suffered financial harms, reputation damage, and social stigmatization that have stemmed from those faulty tests.
Key Implications For The Faulty Alcotest Breathalyzer Tests
Several lawsuits were brought as a result of the faulty tests. The New Jersey Supreme Court held in State v. Cassidy that Alcotest breath samples taken between 2008 and 2016 could not be relied upon. This is great news for any person arrested for DWI during that period. There is the possibility that your prior arrest or conviction could be overturned. People can search if their DWI breath tests are affected by checking the Dennis Calibration Repository.
There is also a key implication for those charged with another DWI after a conviction involving Alcotest breath samples. In State v. Thomas Zingis, the NJ Supreme Court held that people are able to challenge guilty pleas that may have been based on faulty evidence from the breathalyzer tests. The state also now has the burden to show that prior DWI convictions did not rely upon Alcotest breath samples. This is very important because prior DWI convictions can lead to much harsher penalties in a new case. These are just some of the adverse outcomes for a secondary DWI conviction.
- Fines between $500 and $1000
- Up to 90 days of jail time for a secondary offense
- A court-mandated ignition interlock device
- License suspension between 1 to 2 years
- Community service
These penalties will become even harsher for three offenses. It is critical that people in New Jersey arrested for DWI between 2008 and 2016 take steps to preserve their rights. The release of information by the New Jersey state Attorney General’s office has made it easier for people to determine if they’ve personally been affected. Any person who is worried that their case may have been impacted should contact an experienced New Jersey DWI lawyer.
Getting Legal Help for DWI Convictions
A DWI conviction can be extremely detrimental to a person’s life. They can affect their ability to go to work and care for their families. These convictions can do enormous reputational damage. It is crucial that the state rely on accurate information in any DWI conviction. But that simply was not the case for all of these convictions that were dependent on Alcotest breath samples taken between 2008 and 2016.
Have you or someone that you care about been convicted of DWI in New Jersey after an arrest that took place between 2008 and 2016? You may have legal recourse. Our team of highly experienced DWI attorneys at Beninato & Matrafajlo are here to help. We may be able to overturn your prior DWI conviction entirely. Whether you just have legal questions or need any type of assistance, we are here for you. You can reach out to us any time at 908-248-4404.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
