Flanders, NJ asked in DUI / DWI for New Jersey

Q: When being tested during a DWI alchotest @ the Barracks

Is the officer allowed to put his fingers in your mouthand as well grasp and hold the tube around your mouth like a clamp in order to keep the seal + the tube had no mouth piece attached to it and the officer was standing over me in a dominant position, and when i attempted to move my hand upward due to the awkward feeling of his fingers in my mouth i was instructed to stop and keep blowing I also feel that several constitutional rights have been violated

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1 Lawyer Answer

A: Definitely a violation of the rules on how to operate an Alcotest, that being said you will need an expert report and a good lawyer to win your DWI.

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