Chat with us, powered by LiveChat

Defenses to DUI Charge with 20 Minute Observation Rule

New Jersey DWI Lawyers with offices in Hackensack

“Challenging The 20 Minute Observation Period”

Click Here to See the Next Video in the Series

Challenge 20 min rule DWI Charges NJ

2o minute observation rule

Under New Jersey law,  N.J.S.A. 39:4–50, the arresting officer is required 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 officer must start the 20 minute period over. If he or she fails to do that, the reading is not reliable and should be thrown out of court.

A skilled DWI defense lawyer will look at many pieces of evidence to determine if the 20 minute period was followed properly. This will include the Alcohol Influence Report (known as the “AIR”) which documents the arrest time and the time that the defendant is first placed on the breath testing machine. In addition, we will look at the CAD report where the officers radio in and document the times that they responded to the traffic stop, the time they got back to the station, and, in some cases, the times that they started and ended to 20 minute observation period. Finally, if a video is provided from the police car or the processing room, we can compare those times to the AIR to see if they match up properly.

In addition to the 20 minute observation period, we will also be examine the evidence for other possible defenses such as the portable electronic devices which must be removed from the room prior to the breath samples being taken. This includes the police officer’s phone, radios, smart watches, etc. Also, the police officer must check the defendant’s mouth for any foreign objects before taking a breath sample and they also must use a new mouthpiece for each breath sample taken so that there is no residual alcohol left in a used mouthpiece.

The videos below provide additional DWI defense strategies that we use to beat DUI charges against our clients in NJ:

Challenge the Initial Motor Vehicle Stoppage
Challenge the Field Sobriety Tests
Challenge the Alcotest 7110 machine itself

“This video is an informative overview of DWI charges:”

Main Video On DWI Charges

Lodi NJ DWI Defense Lawyers Available Now to Assist You

Fortunately, all of these New Jersey DWI and DUI penalties can potentially be avoided if you’re ready to fight your case.  We have created our own advanced DWI defense system that we use to beat these charges.

Testimonials

  • Excellent Lawyer... Helped me in every step off my Case..

  • Great work

  • Best lawyer!!

  • FRO removal success!!

  • Easy to work with, straightforward

  • Kept my license

  • Father of client

  • Excellent Attorney , Charges Dismissed as promised

  • Helped every step of the way

  • Avoid mandatory jail time on shoplifting charges

  • GREAT – HONEST- ATTORNEY -AND – VERY GOOD

  • Help

  • Did the job he was hired to do

  • Great lawyer

  • Simple assault charge was dropped

  • Top Notch Representation

  • Well worth it.

  • DUI Case Dismissed

  • 2 felony charges dismissed

  • Cameron bury

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

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.

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.

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 Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

    view larger map

  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

    view larger map