New Jersey DWI Attorney John Menzel

Understanding The DWI Arrest Process At The Police Station

Understanding The DWI Arrest Process At The Police Station Lawyer, New Jersey CityIn this article, you can discover:

  • The procedure during a DWI arrest at the police station.
  • Potential problems with the breathalyzer process and equipment.
  • The importance of proper documentation, and certification of officers.

What Happens At The Station During A DWI Arrest?

Once arrested, police bring the arrested individual to the police station, where the individual is either handcuffed to a bench or placed in a cell. Officers must then observe the individual for at least 20 minutes to ensure there is no burping, belching, vomiting, or ingestion of anything as these actions can contaminate and compromise the breath test.  After the observation period, the individual is asked to provide breath samples, usually two. The breath samples must meet specific volume and duration requirements.

What Are The Potential Problems With The Evidential Breathalyzer Process And Equipment That Can Be Used In My Defense?

Problems with the breathalyzer process and equipment can include contamination, dental conditions arising from the presence of dentures, bridgework, braces, Invisalign®, and other things that retain alcohol, electronic interference, or issues with the foundational prerequisites for breath testing. Other potential issues are incorrect documentation, uncertified officers operating the equipment, and the general reliability of the breath test as a proxy for blood alcohol content. Such issues can affect the breath test result and lead to its possible exclusion from evidence at trial.

For more information on the Aftermath Of A DWI Arrest In New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 218-9090 today.

John Menzel, J.D.

Learn your options - call me for your free, 20 min phone consultation (732) 218-9090