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DUI

DUI

The State of New Jersey incorporated the Alcotest as a replacement of the Breathylizer. In the short time since the Alcotest was put into use, it has been the subject of several attacks. Recently it was determined that various occurences, such as burping or vomiting within a short timeframe prior to administration of the Alcotest, can dramatically alter the reading. For that reason, individuals under arrest for DUI must be observed by at least one officer at all times for a 20 minute period of time prior to the officer administering the Alcotest.

In the event the officer administering the Alcotest fails to undertake continuous observation, the results of the Alcotest may be excluded from evidence. Visual observance of the officer(s) and any witnesses of the Defendant’s physical condition may still be used to prove guilt or innocence.

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