TJT The Tormey Law Firm Criminal Defense Attorneys

Client Reviews

DWI Defeated by 20 Minute Observation Rule

“I handle DWI cases regularly, all throughout NJ. I use several advance DWI defense strategies that can lead these cases to be dismissed, and thrown out of court entirely.”

DWI Breathalyzer AttorneyThe story below is just one of many DWI case victories. I strongly recommend that watch our video series on How To Beat DWI in NJ to learn more about how I can potentially beat your case.  For any other questions you might have about DWI in New Jersey, please click here.

I successfully represented a client recently in Morristown Municipal Court who was charged with drunk driving. The client was charged with a first offense DWI with a .13% BAC breath test reading.

As a result, the defendant was facing a seven (7) month to one (1) year license suspension as well as several other tickets including reckless driving.

After reviewing the discovery, Travis was able to isolate a twenty-minute observation issue which led to the breath test readings being suppressed.

In New Jersey, State v. Chun requires that a law enforcement officer observe a defendant arrested for DWI for twenty (20) minutes uninterrupted just prior to the defendant submitting a breath sample on the Alcotest machine. The reason for this twenty-minute observation period is that if a defendant eats anything, chews gum, smokes a cigarette, vomits, etc. then the defendant’s mouth alcohol level will be affected and the breath testing machine will not produce a reliable breath reading.

Based on this issue, our client received a three-month driver’s license suspension and all the other tickets were dismissed, pursuant to the plea agreement.

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.

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.

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 Location

254 State Street

Hackensack, NJ 07601

  (201) 556-1570    Directions

Morristown Location

55 Madison Avenue Suite 400

Morristown, NJ 07960

  (908) 336-5008    Directions