In New Jersey, operators of the Alcotest 7110 are required to wait at least 20 minutes before they obtain a breath sample from a person arrested on alleged DUI. This requirement is designed to avoid inaccurate and inflated readings caused by residual alcohol in the subject’s mouth. During the 20 minute waiting period, the operator of the breathalyzer test must observe the subject in order to assure that no alcohol has been consumed during that time. The counting period must restart if the test subject swallows anything, regurgitates, or if the operator notices any foreign object in the subject’s mouth.
In State v. Filson, a NJ trial court ruled that the 20 minute observation period may begin at the station or immediately following an arrest, provided that an officer can testify that the observation period was continuous and uninterrupted. Later, in State v. Ugrovics, an appellate court held that, despite the breathalyzer operator’s primary responsibility for performing the twenty minute observation, any qualified witness may perform this function.
Failure by the authorities to observe and abide by the 20 minute observation period requirement may provide a basis for dismissal of a DUI charge.