Reader’s Question:

I was charged with DUI in Birmingham, Alabama and it’s nearing my first court date. A friend of mine advised me about an Alabama DUI law that a police officer needs to have a 20-minute observation before the alcohol test. If this is true, can we use this as a defense if the officer did the alcohol test on me without having a 20-minute observation?

Sophia

Birmingham, AL

Yes, you can definitely use that as a defense on your DUI case in Birmingham, Alabama. The Alabama State law requires the police officer to watch the DUI suspect continuously for at least 20 minutes prior to administering the breath alcohol test. The police officer must make sure that during this period the person does not consume anything, belch, burp, hiccup or regurgitate. Any of these can actually cause alcohol to travel from the stomach to the mouth. Blowing this “mouth alcohol” into the breath machine can trigger exaggeratedly high blood alcohol content (BAC) reading.

Police officers rarely follow this required observation procedure. They usually perform paperwork, set up the machine, write reports and converse with their partners, diverting their attention from the DUI suspect who must be watched vigilantly during this period. Failure to follow this procedure may cast doubt on the validity of the test results and can sometimes get the test thrown out of court altogether.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer