20 Minute DWI Alcotest Observation is a Foundational Issue

Machine Operator and Observing Officer can Satisfy State's Burden of Proof

By THOMAS CARROLL BLAUVELT

A Superior Court, Law Division Judge has recently decided the twenty minute observation issue that is required as a foundational proof for the admissibility of Alcotest blood-alcohol results in NJ DWI trials.  In the municipal appeal named State v. Nagorniak, Judge Mitchel Ostrer, J.S.C., ruled that the requirement of a twenty minute observation period stated in the NJ Supreme Court’s decision in State v. Chun, 194 N.J. 54 (2008) is a foundational issue burden that the State must meet by clear and convincing evidence.

Such judge also held that the Alcotest operator is not the only person who must continuously observe the defendant.  An observing police officer who is not a qualified operator but must know what to look for and what specifically to observe about the test subject, can also meet the State’s burden.

Without the above evidential proofs, the Alcotest results are inadmissible pursuant to State v. Nagorniak.   

If you need to hire an attorney to assist you with your Readington, NJ DWI, ticket, or criminal matter, speak to a former NJ municipal prosecutor at The Law Offices of Thomas Carroll Blauvelt, LLC.  Our 24/7 toll freehotline is 1-877-676-7729.