Challenging the DWI Alcotest

Many people are familiar with the breath test. However, there are many things that can provide bad test results. Knowing what to look for in the testing results can make the difference between dismissing a case and a conviction.

What do I need to know about challenging breath tests results?

When you are charged with a breath test DWI, one of the things we want to look at is whether or not the police officer followed what we call the twenty-minute observation period. This is a period, which must be conducted, which is twenty minutes long immediately prior to your breath test. During this period the officer must assure the court that you did not burp, belch, regurgitate, drink anything, have anything near your mouth, etc. that might affect the breath test. If you did, your breath test results would be inadmissible in court, in addition, if the officer left the room, even for a brief moment during that twenty-minute observation, your results are no good and the judge will not be able to hear about them. You need an attorney who knows what to look for. The best place to look for this evidence is obviously in the police reports but also in the in-station video if available. If you have been arrested for a DWI in New Jersey, there may be a twenty-minute issue in your case.

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