Understanding the Impact of the Observation Period on DWI Test Results
When police conduct a traffic stop here in Minnesota and suspect that a driver may be under the influence of alcohol, they cannot simply pull you out of a car and demand a breath test immediately. The officer will go through a process to decide if they think you are under the influence. However, if you are arrested and taken to a police station in Minnesota and asked to provide a breath sample, the law requires what is called an “Observation Period” before a suspect actually provides that breath sample. In this article, we will take a closer look at this observation period and discuss how failure to comply with it can significantly influence your DWI case. If you are facing DWI charges here in Minnesota, make sure you consult with an experienced Minnesota DWI Defense attorney.
“A 15 minute observation period is required before a valid breath sample can be taken. A failure to follow this requirement could result in suppressing the test results.”
What is the DWI Observation Period?
Under DWI regulations, officers must observe a suspect for a minimum of 15 minutes prior to administering a breath test. This observation period is crucial because residual alcohol in the mouth can skew the breath test results. For instance, if a driver has just consumed a drink or has recently burped, residual alcohol could linger in the mouth, leading to inflated results. The rationale is that mouth alcohol dissipates after about 15 minutes, which is why officers must closely observe the individual for this duration to ensure that all residual alcohol is eliminated.
During the observation period, officers are tasked with monitoring the suspect for behaviors such as:
Alcohol consumption
Burping
Belching
Vomiting
If any of these actions occur, the observation period must restart. However, trying to manipulate the system by burping repeatedly in an attempt to delay the breath test could have detrimental effects, potentially harming your defense as much as failing the test would.
Consequences of Failing to Observe
Should police officers neglect this mandatory observation period, your attorney may be able to challenge the validity of the breath test evidence, which could significantly weaken the prosecution’s case. For instance, if a suspect is arrested on DWI suspicion and taken to the police station, and the breath test is administered immediately after five minutes, that time includes the period the officer was driving with the suspect. During transit, the officer cannot effectively monitor the suspect's behavior to ensure compliance with the observation requirements. Courts have ruled that such a scenario does not meet the proper observation standards, leading to the suppression of breath test results in similar cases.
“The obversation period is only one of multiple avenues that an experienced DWI Defense attorney will look at.”
Verifying whether the officer adhered to the observation period is just one avenue through which we at Jack Rice Defense work to strengthen our clients' positions in DWI cases. Law enforcement is obligated to follow specific protocols during DWI arrests, and failure to do so could result in evidence being dismissed or the case being dropped altogether.
If you have questions about the observation period or need guidance on DWI cases, don’t hesitate to contact Jack Rice Defense for a free, confidential consultation. You can reach us at 651-447-7650 or 612-227-1339. When your rights, future, and freedom are at stake, ensure that Jack Rice Defense stands by your side.