Understanding The Alcotest

While we await the return of DUI checkpoints to the Jersey Shore, the Law Office of Frederick P. Sisto is happy to provide tips to help you avoid a wrongful DUI conviction. A key to avoiding convictions is understanding how the Alcotest machine (formerly known as a Breathalyzer) works.

Recall from the June DUI tip that there is only one situation in which it might make sense to refuse to submit to breath-testing after being arrested for suspicion of DUI: if you have no prior DUI convictions and are substantially certain that your BAC is .15 or above. Once you submit to breath-testing, it is helpful to understand how the Alcotest works.

Your highest blood alcohol concentration (BAC) is contained at the end of your breath sample. This is why police are trained to encourage you to give the longest breath sample possible.

Your odds of providing a lower BAC reading are increased when you provide closer to the minimum samples required. The Alcotest machine measures the duration and volume of your breath samples. The sample provided must last for a minimum of 4.5 seconds and contain 1.5 liters of breath volume (1.2 liters for women over the age of 60). If you try to fake giving a sample, breathe out of the side of your mouth, etc., the machine will treat this as a refusal and you will be charged with both DUI and refusal. The same goes for providing a sample that lasts for less than 4.5 seconds. To increase your odds of providing the lowest BAC reading, you should follow all police instructions, including forming a tight seal around the mouthpiece, but should avoid providing a sample that lasts much more than 4.5 seconds. Only your lowest reading is admissible as evidence, so you should also provide as many breath samples as the police allow.

Stay tuned for additional tips, remember that the best DUI defense is a designated driver, and have a Happy New Year!

arson
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From the beginning Fred was fast to respond to my initial inquiry (while he was on vacation) when other lawyers took a week or never even responded. Fred was professional, understanding of my situation and on point with the the expected timelines due the delays COVID had put on the courts. The courts had objections on a few occasions and forced me to appeal on another but, Fred stood his ground for me and followed through until my matter was resolved as I expected. I recommend Mr. Sisto if you are in need his services. I will definitely use him again if I ever need to.
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Although I don't know Fred, he has my appreciation in his fight for my liberty. Mothers against drunk driving have ruined as many lives as they have saved. We need bread and butter laws in N. J ! Stopping moterists assuming they are breaking a law is against my rights. N. J. Is a police state with a cop on every corner. From the unjust gas tax to the corruption in Trenton, we need more attorneys like Frederick Sisto. He is aware of the people's shrinking liberties.
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I was very pleased with my representation by Fred Sisto. He is very honest and explained everything to me in detail. I would recommend him to anybody who is seeking legal representation..
Jeff M
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Very good, extremely professional ,
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Fred Sisto is amazing!! Definitely recommend
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Recently I encountered some legal matters in the state of New Jersey during my visit and it would have became serious if it was not taken care of. Mr. Sisto and I discussed the case through the phone and exchanged documents through email. Since I was unable to travel back and forth due to restricted time, I have asked Mr. Sisto to handle the case on my behalf. I was very pleased with the result and would recommend Mr. Sisto for any legal matters.
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....and his Dog Gonzo is a great attorney.
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Fred was very professional, competent, and a pleasure to deal with I cant thank him enough I highly recommend his services
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Fred's services has been more than exceptional. He provided updates on my case. He got me one of the best outcomes i could have asked for, and has represented me twice with amazing results. Fred can work his magic on your case just as he did for me
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Fred was incredibly helpful during a very stressful time. Even during a pandemic he was fast at responding to any and all questions or problems that I had. He went above and beyond to make sure that I was happy with my results and that my case was being handled properly all the way through. Highly recommend this office!
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