Drunk Driving: 2 Minute Rule for Consecutive Alcotests
Posted on Tue, Jan 10, 2012 @ 07:55 AM
NO NEED FOR 'TWO-MINUTE RULE' FOR CONSECUTIVE ALCOTESTS, COURT SAYS
There's no legal "two-minute rule" governing the minimum time between taking of consecutive Alcotest samples, a state appeals court held Monday in affirming a drunken driving conviction. In the landmark Supreme Court ruling that adopted the Alcotest, State v. Chun, 194 N.J. 54 (2008), the reference to the machine's two-minute lockout period was observational, not injunctive. "Contrary to defendant's assertions, the Court did not adopt a hard-and-fast 'two-minute rule' as a predicate to admissibility," the Appellate Division said in State v. Mukherjee, A-3031-10. In fact, the Alcotest is self-calibrating, won't allow a second test until it's ready, and is assumed to be contaminant-free once it unlocks.
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