Boris Moczula

Boris Moczula retired in June 2013 after a 31-year prosecutorial career. As Deputy Attorney General and Assistant Attorney General, he served in various capacities in the New Jersey Attorney General’s Office, most recently as Deputy Director of the Division of Criminal Justice. He also held the positions of Passaic County First Assistant Prosecutor and Acting Prosecutor.

Has provided legal advice to prosecutors on drunken driving laws and litigated numerous DUI legal issues before New Jersey appellate courts, most recently a case interpreting the standard implied consent statement read to arrested drunken drivers. State v. Schmidt, 206 N.J. 71 (2011). Successfully opposed defense challenges to the reliability of breath testing instruments in the trilogy of cases reaching the New Jersey Supreme Court:
Romano v. Kimmelman, 96 N.J. 66 (1983) (Breathalyzer–RFI), State v. Downie, 117 N.J. 450 (1990) (Breathalyzer—blood/breath ratio), State v. Chun, 194 N.J. 54 (2008) (reliability of Alcotest).

Invited lecturer on drunken driving law at various continuing judicial & legal education seminars in New Jersey, as well as other venues across the country.

Former Chair of the National Safety Council Committee on Alcohol and Other Drugs (1997-1999).

Author of “Alcohol and the Law: The Legal Framework of Scientific Evidence and Expert Testimony,” Chapter in Medicolegal Aspects of Alcohol Determination in Biological Specimens (Third Edition 1996 and Fourth Edition 2003) Garriott, James C., Editor.

Recipient of the National Safety Council’s Robert F. Borkenstein Award (2012).


  • Melendez-Diaz: CDS lab reports (in state appendix)
  • Melendez-Diaz: oral argument transcript
  • Melendez-Diaz v. Massachusetts (decided June 25, 2009)
  • Briscoe: oral argument transcript
  • Briscoe v. Virginia (decided January 25, 2010)
  • Bullcoming: Blood Alcohol Analysis Lab Report (in joint appendix)
  • Bullcoming: oral argument transcript
  • Bullcoming v. New Mexico (decided June 23, 2011)
  • Commonwealth v. Yohe (Pennsylvania Supreme Court 5/7/13)
  • Williams: Cellmark DNA Lab Report
  • Williams: oral argument transcript
  • Williams v. Illinois (decided June 18, 2012)
  • Stuart v. Alabama (dissent from certiorari denial 11/28/18)