If a motorist is stopped for driving under the influence of alcohol that motorist, if requested by a New Jersey Police Officer, is required to submit to a breath test. Submitting to a breath test requires more then just blowing into a machine, procedurally the police officer must adhere to some established protocols. For example, The twenty minute observational period required by State v. Chun. (please refer to previous blog to obtain more analysis about the 20 minute observational period). Most individuals, police officers, and attorneys believe that the 20 minute observational period once complete is satisfied. However, that is not true! If a New Jersey Police Officer observes a subject for twenty minutes but does not immediately take a breath sample then that officer must start once again with the 20 minute observation–most times overlooked by investigating officer.
