DWI Defense Strategy #3.
“Challenging The 20 Minute Observation Period”
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The arresting officer is required by law to observe you, in a room, by yourself, for 20 minutes before administering the Alcotest. The reason for this is that if a defendant chews gun, smokes a cigarette, burps, eats something, etc. this will affect the defendant’s mouth alcohol levels and could create a false reading on the breath testing machine.
If this 20 minute period is interrupted for any reason, (maybe you used the bathroom or the officer left the room) then the reading can’t be proven as valid and the case will be thrown out.
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