"Twenty Minutes Protocol"
The subject of a breathalyzer test must be observed for twenty minutes without interruption or interference prior to the breath test.
This observation period is imposed by well established law to make sure that the subject does not put anything in his or her mouth or belch - because these things may affect the final reading of the breath test results.
Unfortunately, the machine does not distinguish between alcohol in the lung and alcohol trapped in the mouth after belching or chewing gum.
Alcohol molecules can be in the mouth if they are brought up from the stomach due to a belch or esophageal reflux episode.
If the breathalyzer test administrator fails to prove that he or she observed the defendant for the required time period prior to administering the test, the court may dismiss the drunk driving charge against the defendant.
Furthermore, the officer administering the test - inside City of Woodbridge police station, for instance - must testify that during the required time period nothing transpired that would skew the test results in favor of the State.
Do you have a questions about a possible twenty minutes defense for an experienced NJ DWI attorney?