If you were convicted of Driving While Intoxicated (DWI) in New Jersey between 2008 and 2016, you may now have the opportunity to challenge your conviction and clear your record. Due to a scandal involving a former New Jersey State Police sergeant, Marc Dennis, tens of thousands of DUI cases are now under scrutiny.
At National Security Law Firm, we specialize in DWI post-conviction relief (PCR) and can help you determine whether your conviction can be overturned. Read on to learn more about the issue, whether your case is affected, and how we can assist you in filing a Motion for Post-Conviction Relief.
Overview of the Alcotest Calibration Scandal
The 2018 case of State v. Cassidy exposed a serious issue with DUI breath tests in New Jersey. Marc Dennis, a former coordinator in the New Jersey State Police Alcohol Drug Testing Unit, was found guilty of falsifying calibration records for three Alcotest breath-testing devices used by law enforcement agencies across the state. He failed to properly calibrate these machines, calling into question the reliability of breath test results in thousands of cases.
Dennis’s actions affected over 20,000 DWI cases between November 5, 2008, and April 9, 2016, leading to the New Jersey Supreme Court ruling that any breath test results from a Dennis-calibrated machine are inadmissible in court.
In 2024, the State v. Zingis decision mandated that the New Jersey Attorney General release a public database containing records of every Alcotest calibration performed by Dennis. If your DUI conviction was based on one of these flawed tests, you may now file a Motion for Post-Conviction Relief (PCR) to overturn your conviction.
Which DUI Cases Are Affected?
If you were arrested and convicted for DWI in New Jersey between 2008 and 2016, your case may be affected if:
- Your DUI conviction was based on a breath test result.
- The Alcotest device used in your arrest was calibrated by Marc Dennis.
- Your conviction occurred in one of the five impacted counties:
- Middlesex County
- Monmouth County
- Ocean County
- Somerset County
- Union County
How to Determine if Your Case Was Affected
The New Jersey Attorney General’s Office has released two key public databases:
- A spreadsheet containing all breath test results from affected Alcotest instruments (2008-2016).
- The “Dennis Calibration Repository”, which contains PDFs of every Alcotest calibration that Marc Dennis performed.
You can compare these records to determine if your breath test result was obtained using a machine calibrated by Dennis. If your conviction was based on one of these tests, you may have a strong case for post-conviction relief.
What is a Motion for Post-Conviction Relief (PCR)?
A Motion for Post-Conviction Relief (PCR) allows you to challenge a conviction after the fact, particularly when new evidence or legal rulings impact the validity of the case.
By filing a PCR motion, you can request that the court vacate (overturn) your DWI conviction, which can help clear your record, restore lost driving privileges, and remove the financial and professional burdens of a DUI conviction.
What Makes a Strong vs. Weak PCR Case?
A strong case for a DUI post-conviction relief (PCR) petition under State v. Cassidy would typically involve the following factors:
✅ Breath Test Evidence Was Key to the Conviction – If your conviction was primarily based on the Alcotest results, rather than other evidence like field sobriety tests, officer observations, or blood tests, it may now be vulnerable. If you pleaded guilty based on a high BAC reading with no other strong evidence, your conviction is at risk.
✅ Conviction in One of the Affected Counties – You must have been convicted in Middlesex, Monmouth, Ocean, Somerset, or Union County between November 5, 2008, and April 9, 2016.
✅ Use of an Affected Alcotest Device – If the breath test was administered using a compromised Alcotest machine calibrated by Marc Dennis, and your breath test results are listed in the publicly available database, this provides strong grounds for PCR.
✅ Lack of Other Strong Evidence – If the DUI conviction was only supported by the breath test and there were no clear signs of impairment (e.g., no erratic driving, no failed field sobriety tests), the case for overturning the conviction is much stronger.
✅ Significant Consequences from the Conviction – If the conviction resulted in license suspension, jail time, high fines, or long-term employment consequences, courts may be more inclined to grant relief. For individuals in security clearance-requiring jobs, commercial drivers, or licensed professionals, a wrongful conviction can be particularly harmful.
✅ No Independent Confirmation of BAC – If no blood test was conducted and the conviction rested solely on the now-invalid breath test, the case is even stronger.
Best Candidates for PCR Relief:
- Individuals who pleaded guilty based on breath test evidence.
- Cases where BAC readings were just slightly above the legal limit (0.08%-0.10%), making the breath test a key factor in conviction.
- Anyone convicted in a refusal case if the police used the compromised breath test results to claim probable cause for an arrest.
A weaker case for PCR might involve:
- DUI conviction based on other evidence, such as failed field sobriety tests or erratic driving.
- No Alcotest result used in conviction (e.g., blood test or refusal cases).
- Multiple DUI convictions, as courts may be less inclined to grant relief.
How National Security Law Firm Can Help
At National Security Law Firm, we can help you determine whether you qualify for relief.
We offer:
✔ Free Consultations
✔ Filing a PCR Motion – If eligible, we will prepare and file your petition for post-conviction relief.
✔ Aggressive Legal Representation – If the court requires a hearing, we will fight to vacate your conviction.
✔ Record Expungement Guidance – If your conviction is overturned, we can assist with clearing your record.
Don’t miss your chance to clear your record! Contact us today for a free consultation.
Frequently Asked Questions (FAQs)
- What if I already served my DUI sentence?
Even if you completed your sentence, you can still file for PCR. A vacated conviction can help clear your record and remove employment or licensing restrictions. - How long does the PCR process take?
The process can take several months, depending on court schedules and whether a hearing is required. - Can I file on my own?
Yes, but the legal process is complex. Having an experienced attorney greatly increases your chances of success. - What happens if my PCR is successful?
Your DUI conviction will be vacated, and the state may remove any penalties, fines, or license points from your record. - What if I was convicted in another county?
This ruling only affects Middlesex, Monmouth, Ocean, Somerset, and Union Counties. You likely do not qualify under this ruling if your case was elsewhere.
Take Action Today
The time to act is now! If your DUI conviction was based on unreliable breath test evidence, you may be able to overturn your conviction and clear your record.
Contact National Security Law Firm today for a free consultation and let us fight for you!
