Breath, Blood & Urine Testing

What happens if the officer didn't watch me for 20 minutes?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
It depends on the size of the gap and what the State can show. A short lapse generally won't invalidate the test; an unaccounted-for stretch with no evidence about it is a different matter.

Two branches here, and the honest answer is that most cases land somewhere between them.

Where the deviation is minor — the officer stepped away briefly, or looked down at paperwork — courts have generally found substantial compliance. That argument alone won't carry a case.

Where a meaningful portion of the period is unaccounted for and the State can't produce evidence about what happened during it, the analysis changes. The burden of establishing substantial compliance is the State's, not yours, and it isn't satisfied by an officer testifying that he assumes nothing happened.

What decides it is usually the record rather than the testimony. Booking room video, the instrument's own timestamps, the arrest report's stated times, and any other officer's body cam can establish where everyone actually was. Those sources contradict each other more often than you'd expect.

Every case in this category turns on a timestamp. Find out which one is yours. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.