What is the 20-minute observation period before a breath test?
The purpose is mouth alcohol. Alcohol lingering in the mouth from a burp, from regurgitation, or from something recently swallowed can produce a reading that doesn't reflect what's in the blood. The waiting period is meant to let that clear.
Most descriptions of this rule online overstate it. Rule 11D-8.007(3) requires that the operator, inspector, or arresting officer *reasonably ensure* the subject hasn't taken anything by mouth or regurgitated for at least twenty minutes. Florida courts have held that continuous face-to-face observation isn't required and that minor deviations won't invalidate a test.
What the rule does require is that the officer be positioned to see and hear the person for the full period. An officer doing paperwork in another room, or watching a monitor intermittently, is a different situation from one who glanced away twice.
The State bears the burden of showing substantial compliance.
The question isn't whether he stared for twenty minutes. It's whether he could see and hear you. ---
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