DWI Convictions in Question After NJ Officer Allegedly Failed to Re-calibrate Breath Testing Devices

NJ DWI Breath Test Lawyer After a New Jersey State Police Sergeant was charged criminally for allegedly lying about re-calibrating several DWI breath testing devices, over 20,000 DWI convictions may be called into question.

The officer charged in this case, NJ State Police Sergeant Marc Dennis, a coordinator for the Alcohol Drug Testing Unit, is accused of signing certifications that attested to his performing mandatory re-calibrations of three breath testing devices. Dennis allegedly failed to fulfill his responsibility to re-calibrate the breath test machines, falsifying documents to the contrary.

As a result of the controversy, the State has begun to prepare for the onslaught of DWI challenges that may be filed in connection with DWI convictions that occurred over the last seven years. A federal class action lawsuit has also been filed on behalf of defendants in cases in which readings from breath test devices maintained by Dennis were used to convict. According to reports, this case may undermine the validity of over 20,000 DWI cases, spanning Monmouth, Ocean, Somerset, Middlesex, and Union counties.

The significance of this case hinges on the use of breath test readings to prove DWI cases in New Jersey, as well as the use of specific blood alcohol content readings to determine penalties for those convicted. New Jersey employs breath test devices, specifically the Alcotest 7110 Breathalyzer, to evaluate a driver’s blood alcohol content (BAC) when suspected of driving while intoxicated. Without an accurate breath test reading, it can be exceedingly difficult to prove a driver’s blood alcohol content, and thus, that he or she was driving under the influence, beyond a reasonable doubt.

Further, in first offense DWI cases, the State utilizes the specific level of alcohol in the driver’s blood to assess penalties. For driver’s convicted of first offense DWI with a BAC between 0.08% (the legal limit) and 0.1%, the period of driver’s license suspension is 3 months. On the other hand, if the driver’s BAC exceeds 0.1%, he or she will lose their driving privileges for between 7 months and 1 year. Moreover, an individual convicted of first offense DWI with a BAC of 0.15% or more will be subject to a mandatory ignition interlock device installed in their vehicle during the period of license suspension and for an additional 6 months to 1 year following license restoration.

If Dennis failed to perform a preliminary temperature check, the breath testing device may or may not have been calibrated correctly, and the readings that it yielded may be inaccurate. Without a valid blood alcohol content reading, many of the cases that involved these breath testing devices could be subject to scrutiny.

At The Tormey Law Firm, our firm’s founder, Travis J. Tormey, is among the small fraction of attorneys in the state of New Jersey who are trained on the Alcotest 7110’s analytical system, components, and peripherals. He is also certified to operate the instrument and to perform a New Jersey-specific breath test sequence. With his unique knowledge of the breath testing device, he is able to evaluate police protocol in DWI cases and often challenges breath test readings due to errors in police procedure or issues with the Alcotest itself. In addition, our firm employs a retired New Jersey State Trooper and Police Academy instructor who now serves as an expert witness in our clients’ DWI cases. He examines every facet of the case, from probable cause for the stop to field sobriety tests, breath tests, and school zone limits, in order to identify key issues that may provide grounds for a dismissal.

If you or someone you love has been charged with DWI in New Jersey, contact us to find the answers you need to protect your rights and your innocence. Simply call (201)-556-1570 today for your cost-free consultation.

For additional information pertaining to this case, access the following article: 20K DWI cases up in the air after officer accused of records tampering. What’s next?


  • No promises, just a Pro!

  • Excellent Lawyer... Helped me in every step off my Case..

  • Great work

  • Best lawyer!!

  • FRO removal success!!

  • Easy to work with, straightforward

  • Kept my license

  • Father of client

  • Excellent Attorney , Charges Dismissed as promised

  • Helped every step of the way

  • Avoid mandatory jail time on shoplifting charges


  • Help

  • Did the job he was hired to do

  • Great lawyer

  • Simple assault charge was dropped

  • Top Notch Representation

  • Well worth it.

  • DUI Case Dismissed

  • 2 felony charges dismissed

  • Cameron bury

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

  • This field is for validation purposes and should be left unchanged.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

    view larger map

  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

    view larger map