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I was told that it is required to have a 15-20 minute wait before breath test is given. Is this true in Arkansas?
Anonymous2 views3 answers
Everything i have read states that there is a wait period prior to giving a breath test. I was told that it starts immediately prior to giving the test. The problem is that in Arkansas they say it starts at the time of arrest. Which is true in Arkansas? Time of arrest or just prior to test at the police department.
In Arkansas, regulations require the officer to observe you for 20 uninterrupted minutes prior to taking the evidentiary breathalyzer test. If this is not done, then there are grounds to ask for the exclusion of the breath test result.
Mr. Williams is undoubtedly correct about Arkansas law. The science of breath testing is such that residual alcohol in the mouth will produce false high readings, which should invalidate the test results. Mouth alcohol is eliminated after about 15 minutes, and thus the need for a waiting period.
Good luck to you, sir!
