Legal Question in Criminal Law in Illinois
dui breath test
Is a breath test done 3 hours after the start of the observation period legal?
Asked on 5/05/08, 4:56 pm
1 Answer from Attorneys
David Shestokas
Shestokas, & Associates
Re: dui breath test
Yes, the important part is the twenty minutes right before the test is given. That is the period during which there should be nothing ingested, nor should there be any belching, burping, etc. The fact that it was three hours or more after the arrest does not invalidate the test, but the observation period needs to be solid for the twenty minutes just prior to the test. (Assuming there was no access to alcohol during the three hours) For more about Illinois DUI law please visit http://www.shestokas.com/DUI.html
Answered on 5/05/08, 5:15 pm
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