A Defense To Your DWI Case
One defense that should be explored by every attorney on behalf of their client is the "twenty minute defense." In the seminal DWI case, State v. Chun, dealing with the new Alcotest machine for breath testing, the Supreme Court stated that the person who administers the breath test in your DWI case must observe you for twenty minutes prior to administering the test. This is to ensure that you have not hiccuped or regurgitated residual alcohol into your mouth; which could skew the breath results.
While I personally believe that this twenty minute observation period is required by State v. Chun, trial court judges and appellate courts have interpreted the law differently and have inexplicably ignored the precedent of our highest Court. However, one recent appeal, titled State v. Nucifora, was decided in Camden County back on December 30, 2008. This is an unpublished letter opinion which stands for the premise that the Alcotest operator must personally observe the accused for twenty minutes before administering the test.
