Legal Question in DUI Law in Minnesota

DWI law

Is there amandatory waiting period between adminstering a breath test


Asked on 8/11/08, 11:22 pm

2 Answers from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: DWI law

I'm not sure if I understand the question.

However, I can tell you this. The standard procedure for use of the Intoxilyzer is that the officer is supposed to check your mouth - your mouth should be empty - and then observe you for 15 to 20 minutes before giving the test.

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Answered on 8/12/08, 9:52 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: DWI law

Your question is confusing. However, there must be an observation period prior to adminsitering an Intoxylizer 5000 test based on standard practices. An officer must wait and observe an individual for 15 to 20 minutes before the test to make sure that they do not burp, belch or vomit in order to ensure that all mouth alcohol has dissipated.

I have over 17 years of experience in defending DWI matters.

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Answered on 8/12/08, 11:58 pm


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